INTERIM REPORT

12%

9%

79%

PreferenceNo preferenceUnwilling to relocate

86%

7%

7%

PreferenceNo preferenceIndifferent

RAP for Lagos Urban Transport Project TSM Group B and D Junctions

57%

38%

4%

1%

MarriedSingleWidowWidower

2%

0%

3%

1%

17%

77%

MarriedSingleWidowSeparatedWidowerDivorced

0.00%

20.00%

40.00%

60.00%

80.00%

Below N5,000N5,000 - N10,000Above N10,000

28%

68%

1%3%

SingleMarriedWidowedSeparated/Divorced

TABLE OF CONTENTS

2TABLE OF CONTENTS

5ABBREVIATIONS/ACRONYMS

6EXECUTIVE SUMMARY

12CHAPTER ONE

12BACKGROUND INFORMATION

121.1Introduction

131.2 Objectives of the Study

131.3Study Area

131.4Overview of Road Transport Situation in Lagos State

171.5Description of TSM Group B and D Junctions

171.5.1 Lawanson Bus Stop

241.5.2Dopemu/ Shasha Road

261.5.3Fagba Junction

291.5.4Old Iyana-Ipaja/Pen Cinema Junction

351.6 Land Acquisition Resettlement Plan Objective

351.7Description of Planned Project Infrastructures

351.7.1 Proposed improvement at Itire Road/Lawanson Bus stop

361.7.2 Old Iyana-Ipaja/Pen Cinema

361.7.3 Proposed Improvement at Dopemu / Shasha Road /Round abouts

371.7.4 Proposed Improvement at Fagba Junction

371.8Report Outline

38CHAPTER TWO

38INSTITUTIONAL RESPONSIBILITIES FOR RESETTLEMENT

382.1 Introduction

382.2Implementation Roles and Responsibilities

382.2.1LAMATA

402.2.2Ministry of Physical Planning

402.2.3Ministry of Transport

412.2.4Ministry of Environment

412.2.5Ministry of Lands

422.2.6Local Government Authority

422.2.7National Union of Road Transport Workers (NURTW)

422.3Measures for Strengthening Organizational Capability

44CHAPTER THREE

44PROJECT AFFECTED PERSONS AND PROPERTIES

443.1Introduction

443.2Inventory of Vendors and Properties in TSM Group B and D Junctions

453.3Project Affected Persons

463.3.1Fully Affected Persons

463.3.2Partially Affected Persons

463.3.3Persons that will not be Re-located

473.3.4Entitled for Supplementary Assistance

483.4Socio-economic Survey

483.4.1Introduction

483.4.2Research Methodology

493.4.3Results and Discussions

503.4.3.1Dopemu

583.4.3.2 Fagba Junction

653.4.3.3Pen Cinema/Old Iyana Ipaja Junction

733.4.3.4 Lawanson Bus Stop

813.5Qualitative Assessment of Project Impacts

813.6Ameliorative Measures

823.7Consultations and Public Disclosure

823.7.1Qualitative Assessment of Reponses

833.7.2RAP Disclosure

84CHAPTER FOUR

84LEGISLATIVE FRAMEWORK

844.1World Bank Resettlement Guidelines

854.2Land Use Act of 1978 and Resettlement Procedures

874.3Comparison between Land Use Act and Bank OP 4.12

884.3Project Compliance with World Bank Policy Objectives

884.4Resettlement/Compensation Procedures

894.5Grievance Redress Mechanisms

91CHAPTER FIVE

91VALUATION AND COMPENSATION FOR STRUCTURES

915.1Introduction

915.2Eligibility Criteria and Project Entitlement

925.1.2Notification

935.2Value of Land

935.3Valuation of Affected Structures

945.4Modes of Restitution

945.5Payment of Compensation

95CHAPTER SIX

95MONITORING AND VALUATION

956.1Objectives

956.2RAP Monitoring Framework

976.2.1Reporting

976.2.2Staff and Monitoring

986.3Internal Performance Monitoring

986.3.1Types of Information/Data Collected

996.3.2Source of Information/Data Collection Methods

996.3.3Responsibility for Data Collection, Analysis and Reporting

996.3.4Frequency/Audience of Reporting

996.4Impact Monitoring

996.4.1Type of Information/Data Collected

1006.4.2Source of Information/Data Collection Methods

1006.4.3 Responsibility for Data Collection, Analysis and Reporting

1006.4.4 Frequency/Audience of Reporting

101CHAPTER SEVEN

101RESETTLEMENT BUDGET AND FINANCING

104CHAPTER EIGHT

104SCHEDULE FOR RAP IMPLEMENTATION

1048.1Introduction

1048.2Plan Preparation

1048.3Consultation and Disclosure

1068.4RoW Acquisition and Construction

1068.5Monitoring and Evaluation

1068.6Update of the Baseline Data

107APPENDIX 1: LIST OF ENUMERATORS/ KEY PERSONNEL

108APPENDIX 2: LIST OF PAP’S ENTITLED TO SUPPLEMENTARY ASSISTANCE

126APPENDIX 3: LIST OF VENDORS ENCOUNTERED IN THE STUDY AREA

APPENDIX 4: MINUTES OF CONSULTATIONS126

126APPENDIX 5: RELEVANT LEGAL AND POLICY DOCUMENTS

LIST OF TABLES

Table 3-1: Inventory of Vendors and Properties in TSM Group B and D Junctions40

Table 3-2: Categories of Project Affected Persons41

Table 3-3: Project Affected Prsons entitled to Supplementary Assistance in TSM Group B and D Junctions43

Table 4-1: Comparison of Land Use Act and World Bank OP 4.12 Regarding Compensation84

Table 5-1: Entitlement and Compensation Matrix88

Table 6-1: RAP Monitoring Framework92

Table 6-2: Information Milestone94

Table 7-1: RAP Budget98

Table 8-1: RAP Implementation Schedule102

LIST OF MAPS

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

Map 1.2: Lawanson Project Area 15

Map 1.3: Dopemu Project Area22 3

Map 1.4 Fagba Junction Project Area24

Map 1.5 Old Iyana Ipaja/Pen cinema Project Area26

LIST OF FIGURES

Figure 2.1: RAP Implementation Structure35

ABBREVIATIONS/acronyms

AP

Affected Persons

CBO

Community Based Organisation

CD/VCD

Compact Disk/Video Compact Disk

CL

Cost of Labour,

FID

Final Investment Decision

GSM

Global System for Mobil telecommunication

HSE

Health, Safety and Environment

ID

Identity Cards

IL

Income Losses

Km

Kilometre

KAI

Kick Against Indiscipline

LASTMA

Lagos State Transport Management Authority

LAMATA

Lagos Metropolitan Area Transport Authority

LUA

Land Use Act

LASG

Lagos State Government

LGA

Local Government Area

LUTP

Lagos Urban Transport Project

M&E

Monitoring and Evaluation

NAPEP

National Poverty Alleviation Programme

NGO

Non Governmental Organisation

NURTW

National Union of Road Transport workers

OP

Operational Policy

PAPs

Project Affected Persons

RAP

Resettlement Action Plan

RoW

Right of Way

SBE

Small Business Enterprises

TA

Transportation Allowance

TF

Transport Fund

TSM

Traffic System Management

executive summary

Introduction

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

Part of the cardinal objective of the LUTP is to undertake traffic management activities towards ensuring efficient and effective movement of traffic in metropolitan Lagos. In line with these objectives LAMATA have decided to improve the Traffic Management System (TSM) of four (4) junctions within Lagos metropolis referred to as group B and D junctions.

TSM Group B and D roads and Junctions programme is initiated to improve the problem of traffic congestion in some selected junctions and roads within Lagos metropolis. It is aimed at alleviating the perennial traffic congestion problems experienced in Lagos on a daily basis, which is occasioned by indecent traffic management especially by commercial bus operators, narrowness of the roads and junctions or indiscriminate street trading on road sidewalks and drainages. These junctions are:

Group B Junctions:

· Lawanson Bus Stop (both sides with adjoining streets)

· Dopemu road (both sides with adjoining streets)

While the Group D junctions are:

· Old Iyana Ipaja rd/Pen Cinema

· Fagba junction (Fagba/Iju rd)

Based on the foregoing, LAMATA secured an assistance of the Word Bank to conduct studies of the likely persons to be affected by the proposed project and prepare a Resettlement Action Plan (RAP) for the four Junctions.

The objective of the RAP is to clarify the principles and procedures that will govern the mitigation of adverse social impacts induced by project operations. Specifically, the RAP is designed to ensure:

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

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

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

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

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

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

Study Areas

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

Land Acquisition Resettlement Plan Objective

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

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

Project Affected Persons and Properties

Consultations and Public Disclosure

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

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

· NURTW (Agege and Lawanson branches)

· Market Association

· Traditional leaders

· Keke NAPEP Association

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

Inventory of Vendors and Supplementary Assistance

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

Project Affected Persons per Junction

Locations

Project Affected Persons (PAPs)

Fagba Junction

32

Pen cinema/Old Iyana Ipaja Junctions

464

Dopemu Road

244

Lawanson

309

Total

1049

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

Categories of Project Affected Persons

Locations

Project Affected and Not Affected People

 

Fully Affected

Partially Affected

Not affected or

Total

Demolished

Relocated

Shift backwards

Relocated

Fagba

Fagba Junction

0

0

6

26

32

Pencinema/Old Iyana Ipaja

Balogun Road

0

12

23

37

72

Ogba Road

0

6

6

22

34

Iju Road East

0

38

10

14

62

Iju Road West

0

15

9

6

30

Pencinema Road South

0

31

12

17

60

Pencinema Road North

0

37

15

74

126

Ijaiye Road

0

17

11

25

53

Agege Road

0

4

8

15

27

Total

0

160

94

210

464

Dopemu

Dopemu East

0

31

8

64

103

Dopemu West

0

13

27

85

125

Shasha Rd East

0

0

6

7

13

Shasha Rd. West

0

0

2

1

3

Total

0

44

43

157

244

Lawanson

Lawanson Road

0

0

13

23

36

Itire Road

0

0

5

9

14

Abati George

4

18

11

49

82

Junbril Martins

0

6

5

48

59

High Tension

0

2

6

24

32

Aborishade

0

7

11

68

86

Total

4

33

51

221

309

Grand Total

4

237

194

614

1049

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

Summary of Socio-economic Study Findings

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

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

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

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

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

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

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

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

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

Eligibility Criteria and Project Entitlement

There are three types of project-affected persons:

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

2. Those that will have to shift backwards

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

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

Entitlement and Compensation Matrix

Type of Losses

Categories of Affected Persons

Entitlement

Loss of commercial land

All types of affected persons

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

Loss of business premise

Relocation of open Stalls, lock up wooden and steel shop

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

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

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

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

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

Relocation of table vendors with or without umbrella

· LAMATA shall liaise with appropriate LGAs and market associations to provide space in nearby markets for the vendors.

· If the distance is far (about 50m) transfer allowance to cover transportation will be provided by LAMATA

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

Shifting of vendors stalls and shops

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

Loss of Income from business premises

Only vendors that will shift backwards

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

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

Vulnerable group

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

Transporters

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

Monitoring and Valuation

Monitoring and evaluation (M&E) procedures establish the effectiveness of all land and asset acquisition and resettlement activities, in addition to the measures designed to mitigate adverse social impacts. The World Bank Operational Policy (OP 4.12) states that the project sponsor is responsible for adequate M&E of the activities set forth in the resettlement instrument. Monitoring will provide both a warning system for the project sponsor and a channel for the affected persons to make known their needs and their reactions to resettlement execution. The RAP monitoring framework covers:

• Internal monitoring by LAMATA;

• Impact monitoring commissioned to specialized firms; and

• RAP implementation Audit

The scope of monitoring is briefly presented in the Table below

RAP Monitoring Framework

Component Activity

Type of Information/Data Collected

Source of Information/Data Collections Methods

Responsibility for Data Collection, Analyses and Reporting

Frequency/Audience of Reporting

Internal Performance Monitoring

Measurement of input, process, output and outcome indicators against proposed timeline and budget, including compensation disbursement

Quarterly narrative status and compensation disbursement reports

LAMATA RAP team and External Relations unit of LAMATA

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

Impact Monitoring

Tracking effectiveness of inputs against baseline indicators Assessment of affected people’s satisfaction with inputs, processes and outputs.

Annual quantitative and qualitative surveys. Regular public meetings and other consultation with project affected people; review of grievance mechanism outputs.

LAMATA RAP team and External Relations unit of LAMATA

Panel of Experts

Annual

Resettlement Budget and Financing

The project has made the necessary budget provisions to ensure that the mitigation commitments, including compensation and the monitoring programs can be fully implemented. Full supplementary assistance will be provided by LAMATA. There is also a provision for contingencies and inflation that may result from delays. This is about 10% of total budget (=N=5,530,910.00). LAMATA shall make direct payments to all project affected persons and this will be done after an audit of eligible PAP would have been completed.

CHAPTER ONE

BACKGROUND INFORMATION

1.1Introduction

The Lagos State Government (LASG), through the Lagos Metropolitan Area Transport Authority (LAMATA) under the Lagos Urban Transport Project (LUTP) plans to upgrade and improve the road network and traffic facilities at specific locations within the metropolis. This is part of LUTP global objective of improving the overall transport system in Lagos state.

Lagos State is the smallest by land mass of the 36 states in Nigeria (Figure 1.1) but has the second highest population next to Kano state (by the yet to be made official recent national population census of 2006). The population of Lagos is over five percent of the national estimate. According to the 1991 national census, the State had a population of 5,725,116 out of a national estimate of 88,992,220. However, based on a UN study and the State’s Regional Master Plan, the State is estimated to have about 15 million inhabitants, and this population is expected to increase to 25 million by the year 2015 at the current growth rate of 6% (World Urbanization Prospects, 2003 revision). The state contains the largest manufacturing sector and provides employment to over 45% of the skilled manpower in the country.

Part of the cardinal objective of the LUTP is to undertake traffic management activities towards ensuring efficient and effective movement of traffic in metropolitan Lagos. It is in line with these objectives that LAMATA, have decided to improve the Traffic Management System (TSM) of fourteen (14) major junctions in Lagos. These junctions are classified under Groups B and D. However, in carrying out the set objectives of four (4) junctions’ improvementthe out of the fourteen (14) earmarked for improvement have resettlement issues.

TSM Group B and D roads and Junctions programme is initiated to improve the problem of traffic congestion in some selected junctions and roads within Lagos metropolis. It is aimed at alleviating the perennial traffic congestion problems experienced in Lagos on a daily basis, which is characterised by indecent traffic management especially by commercial bus operators, narrowness of the roads and junctions or indiscriminate street trading on road sidewalks. The LASG has designated the LUTP to facilitate sustainable and effective integrated transport system for the Lagos Metropolis and to achieve this objectives, the State Government established LAMATA with collaboration from the World Bank to provide technical advice and direct financial assistance specifically towards the implementation of LUTP.

Among the five major components of LUTP is the introduction of Traffic System Management (TSM) measures in some junctions and road improvement plan developed to establish; an effective traffic management system, discourage street trading and decongest affected roads and junctions for easy flow of traffic. The goal is to ensure that a minimum time as much as possible is spent on these hitherto problematic roads and junctions thereby reducing lost man-hours on roads in Lagos metropolis. These junctions are:

Group B Junctions:

· Lawanson Bus Stop (both sides with adjoining streets)

· Dopemu road (both sides with adjoining streets)

While the Group D junctions are:

· Old Iyana Ipaja rd/Pen Cinema

· Fagba junction (Fagba/Iju rd)

Based on the foregoing, LAMATA secured an assistance of the World Bank to conduct studies of the likely persons to be affected by the proposed project and prepare a Resettlement Action Plan (RAP) for the four Junctions.

1.2 Objectives of the Study

The objective of the RAP is to clarify the principles and procedures that will govern the mitigation of adverse social impacts induced by project operations. Specifically, the RAP is designed to ensure:

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

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

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

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

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

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

1.3Study Area

The four junctions covered in this study are located within five local government areas of Lagos state. The local governments include Agege, Alimosho, Ifako/Ijaye, Mushin and Surulere LGAs (Map 1.1). Of all the four classified study locations, only one (Fagba Junction) is strictly located within one local government area of Ifako Ijaye. The others are caught in between two local Government areas. Dopemu Bridge/Shasha Road/Akowonjo Road project area is caught in between Alimosho and Agege Local Government Areas; Itire Road/Lawanson Bus Stop project area is between Surulere and Mushin Local Government Areas, while Old Iyana Ipaja Road at Pen Cinema project area is located within Agege and Ifako-Ijaye local Government areas. The major challenges to traffic within the locations are mainly illegal road users, street trading, inadequate traffic management paraphernalia, like traffic lights, road signs, etc.

1.4Overview of Road Transport Situation in Lagos State

Lagos state is the premier manufacturing city in Western Africa, most important sea port, node for telecommunications with the largest concentration of multinationals, and home to 250 of Nigeria’s financial institutions. More than 60% of Nigeria’s non-oil economy is located in Lagos. Despite its dominant position in Nigeria’s non-oil economy, Lagos remains a “poor city” with an annual budget of about US$650 million.

The state is characterized by chronic traffic congestion due to inadequate traffic management, indiscipline on the part of road users, increasing number of illegal road users, rapidly worsening air quality among others. The addition of another almost four million people over the next 10 years will no-doubt make conditions even more difficult. Another unfortunate characteristic of transport in Lagos is that women, the aged people and children have very poor access to bus facilities due to extreme overcrowding.

Several millions of Man-hours are being lost daily in Lagos city, owing to traffic challenges, apart from the obvious fact that the teeming population of vehicles in the state is becoming overbearing for existing facilities; the proliferation of illegal road users has become a major contributor. These illegal road users which include; hawkers, vendors, commercial motorcycle and tricycle operators, on-the-drain stall operators, shop owner’s displaying their wares on and beyond the drainage, etc. The coupling effect of lack of adequate traffic facilities in road encroachment by illegal occupants has become one of the major challenges of the traffic management and aesthetics of the roads in the metropolitan city of Lagos.

16%

9%

75%

Preference

No preference

Indifferent

Map 1.1: Lagos State showing Project LGAs1.5Description of TSM Group B and D Junctions

This section presents a description of the areas; junctions, adjoining streets and peculiar challenges to traffic with regards to both legal and illegal road users.

1.5.1Lawanson Bus Stop

80%

7%

13%

OwnerAssistantOthers

Lawanson bus stop is located in Surulere local Government area of Lagos state along Lawanson/Itire Road west of Ojuelegba terminal. But because the scope of this study includes adjoining streets to either sides of Lawanson Bus Stop, certain sections of the study area (to the east of Lawanson road) fall into Mushin Local Government Area. This is because Lawanson/Itire Road serves as the boundary between Surulere and Mushin L.Gs. (see Map 1.2). Lawanson road is a dual carriageway with a rather narrow median and the continuation of this road from Lawanson bus stop is Itire road, which has the same characteristics and features.

5%

8%

87%

Owner

Assistant

Others

Lawanson is very busy because it marks the terminal points for commuter buses going to Lawanson en route Itire road and has poor linking roads and Traffic System Management (TSM). Commercial bus operators make use of the outer lanes on both sides of the road as their public transport terminal. In addition, bus operators board and alight passengers along this lane thereby leaving only one lane free in most cases to service several other road users.

Male

59%

Female

41%

Map 1.2: Lawanson Project Area

78%

3%

3%

16%

MarriedSingleWidowN/Response

3%

28%

69%

Owner

Assistant

Others

Although the road is particularly in a good condition, many street traders dealing in all kinds of wares ranging from fruits and vegetables to fairly use electronic appliances operate along the road. Most times the traffic at this junction is jammed due to the fact that the street traders and other vendors compel commercial bus and motorcycle operators to be scrambling for space along the road. Coupled with this is the fact that traders and other artisans on the road in most cases occupy the drainage slabs meant to serve as sidewalks for their businesses. The pavements along the Lawanson/Itire road are in good condition but the same cannot be said of adjacent portion to Jubril Martins, Abati and Aborishade streets.

81%

10%

9%

OwnerAssistantOthers

Commercial cab operators also operate along the road, using the outer lane as park. Some of these operators use vehicles with non-distinguishable colours characteristics of intra-city commercial vehicle operators. The implication of this is that at these sections of the road, other road users have just one lane (which at times is blocked) available to them. There are also commercial motorcycles (Okada) and Tricycles (Keke NAPEP) operators along the road; these constitute the problem of traffic congestion in Lawanson area.

12%

79%

9%

Preference

No preference

Unwilling to relocate

In view of the proposed improvements at this bus stop, the RAP study interviewed various classes of PAPs such as commercial vehicle and motorcycle operators, street traders, vendors, artisans, etc. who mainly occupy the drainage covers and those that exhibit their goods well into the road in the area (see appendix 5). The traffic problem at Lawanson is also further exercebated by the deplorable conditions of adjoining streets and road networks that would have sufficed as alternate routes to Itire/Lawanson Road. Some of these adjoining streets and their problems are highlighted below:

Jubril Martins Street

Jubril Martins Street is to the south of Lawanson Bus stop and is key to the efficiency of traffic management within the Lawanson Bus stop area. Commercial bus operators use the street as link route to Lawanson Bus stop while driving through Olufemi Street instead of linking the Itire/Lawanson Road from Ogunlana drive. But currently, the deplorable state of the street has marred this access opportunity meant to ease off traffic on Lawanson bus stop. As at the time of field survey for this report, the road surface at this street was almost completely worn out. The volume of street trading on this street has resulted to the siltation of the drainage system. In some cases, the vendors occupy the silted portion of the drainage. In spite of the presence of a well-planned market along the road (on the west side), some of vendors still find it comfortable to display their wares on the drainage and even beyond.

40%

60%

FemaleMale

Over a half of the road at the north end of the street where it links Lawanson road has been taken over by commercial vehicle operators. The vehicle operators’ park and board passengers making it very difficult for vehicles that ventures to make use of the street as an alternative route. The operations of the commercial bus business and street traders especially towards the north end of the street are major contributors to traffic congestion at Lawanson bust stop.

Also at some point west of the Jubril Martins Street, commercial bus operators make u-turns thereby causing serious hindrances to traffic flow. There is no walkway created at the junction. However, covered drains serve as walkways for pedestrians, although a number of the drain covers were no longer in place.

2%

0%

3%

1%

17%

77%

MarriedSingleWidowSeparatedWidowerDivorced

Abati George Street

This street is located on the northern side of Itire Road opposite Texaco petrol station. Further in; about 140 meters, the Adedoyin Street links it to the east. The road through the street is in no better condition than that of Jubril Martins Street. Its deplorable state is marked with worn out surface, which is particularly bad just after the Adedoyin link before the Idi-Araba market.

The drainage system on this road has almost failed. The drains are either completely silted, with collapsed embankments, and filled with all sorts of solid and domestic wastes. Street traders

12%

79%

9%

Preference

No preference

Unwilling to relocate

and artisans operate indiscriminately on the drainage and position their structures way beyond the drainage into the road. The fact that the street leads to a market (daily) that also houses an abattoir makes the street a busy one. Vehicles supposedly owned by visitors to the market are observed parked on either sides of the street. The fact that the road towards the market is in bad condition may have also contributed to the street side parkings by visitors to the market.

The width of the road has been greatly reduced by several street traders, artisans and vehicles that are parked on the either sides of the road. There is not much use of this road by commercial bus operators. This may be due to the fact that, it is difficult for them to negotiate turnings from the road. It could be reasoned that this street can be upgraded and put to use so as to ease traffic congestion along Itire/Lawanson road especially at Lawanson Bus stop.

Absence of a well planned vehicle garage for the market also adds to the busy nature of the road. It was observed during field survey that vehicles bringing market items to traders in the market also park in an unorganized manner to offload their goods.

0.00%

20.00%

40.00%

60.00%

80.00%

Below N5,000N5,000 - N10,000Above N10,000

The field survey showed that the street traders along Abati George street, have no regard for the drainage system. The drainage system is almost completely used for trading of all sorts and artisans activities. It is imperative therefore, that a first step in upgrading this road is to relocate these small business operators from the drainage. It was also observed that at several locations along the street there are actually available spaces for the traders behind the drainage system but for one reason or another, they operate just well on the drainage and even to the road.

Aborishade Street

This street adjoins to the north-west of Lawanson/Itire road and continues inwards to densely built-up areas. The street is busy one, with several small scale business activities and street trading. Commercial buses were scanty along this road as at the time of field survey. However, there were several private vehicles plying and parked along the busy street.

The general condition of Aborishade Street can be said to be fair; with few potholes and existing drainage system silted at some points, all that the road would require is resurfacing and upgrading of the drainage system. Street traders and small business operators encroach over the drainage into the road at some points along the road. However, it was observed that there are spaces behind the drains for these business operators to move to without encroaching into the road.

High Tension Line “Street”

78%

3%

3%

16%

MarriedSingleWidowN/Response

The high-tension line street veers off towards the eastern part of Abroishade Street. This is not supposed to be a bona fide street as it is actually the Right of Way for the PHCN high-tension line from Egbin power station to the southern parts of Lagos state. Under an ideal situation, this land strip is not to be inhabited considering both health and safety risks inherent in such high voltage transmitter. As it were the high-tension line serves as a road for people occupying the adjoining sides of the line. Under it present purpose of serving as a road, the high tension line is completely dilapidated, the road is untarred, lacked drainage system, and is traversed almost all through by potholes that are pooled with water during the raining season. Not much business activities go on along this line but for very few food dealers and artisans.

Down the line is a mechanic workshop which contributes to the amount of vehicles plying the line apart from those of the inhabitants. Some commercial vehicles also use this line as parking lot. The line is actually built-up on either side by residential apartments.

57%

38%

4%

1%

MarriedSingleWidowWidower

Towards the North end, the High Tension line ended to a canal, across which is Idi Araba part of Lagos. At this north end, there is a local market, which considering the small size is intended to meet the domestic need of the inhabitants of the area.

Considering the strategic location of this high tension line street with regards to Lawanson Bus stop, and given the fact that a number of commercial bus operators use it as parking space, it becomes very imperative to capture the supposed street as alternative effort to ensure the judicious use of the parks by the bus operators will go a long way towards easing off the traffic situation at the Lawanson bus stop area.

Though the street is in bad shape, it is not advisable to upgrade it is not supposed to be inhabited for any reason for any reason. Upgrading it will be viewed by the Federal and state authorities as condoning illegality, which is not what LAMATA stands for.

1.5.2Dopemu/ Shasha Road

5%

8%

87%

Owner

Assistant

Others

Dopemu/Shasha Road is a dual carriage road stretch located within Alimosho and Agege local government areas of Lagos state (see Map 1.3). The road covered a distance of about 450metres, starting from a T-junction linking Akowonjo road to the south of Shasha Road, across the round about linking Bada street and Ladipo Road up to the base of the overhead bridge across the Lagos/Abeokuta expressway. The road is relatively clear of illegal occupants along the ROW, this perhaps is because most of the buildings either side of the road are corporate houses such as banks, schools, petrol stations and shopping complexes, as well as residential buildings and lock-up shops.

Traffic volume on this road is fed by both private and commercial vehicle as well as motorcycles (popularly known as Okada) and Tricycles (popularly known as Keke), both from adjoining streets and linking major roads. The major volume of traffic is from Shasha and Akowonjo roads. After this T junction, some volume of vehicles from residential buildings, shopping malls, corporate buildings (mainly Banks), also add to the road just before the round about linking Williams Layout and Ladipo road. After this round about, some volumes still are added to the road from the Ladipo road and also from Bank and shopping complexes just before the overhead bridge. Down the bridge on Dopemu road, some further volumes are added to the road from; the aluminum village, residences shopping complexes and banks.

Map 1.3: Dopemu Project Area

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Agege LGAAlimosho LGA

Surulere LGA

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NIGERIA

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LAGOS

16%

9%

75%

Preference

No preference

Indifferent

On the other side of the road stretch, traffic volumes are mainly from vehicles going due south from Dopemu road, and then from built-up residential areas, schools and shops just before the Shasha Road round about. At the point of the round about, the volume increases further from Bada Street and from several residential buildings, corporate buildings (mainly Banks), schools and shopping malls up to a Petrol Filling station (Oando) at the Akowonjo link end of the road.

Apart from the high volume of vehicles on this road especially during the morning and evening hours, the field survey revealed that other causes of traffic congestion along the road are traders on the roadside market along the road using tables and other forms of shade to exhibit their commercial wares which range from fresh fish to seasonal fruits and vegetables. Another source of concern to this road are shop owners whose shops are actually well off the RoW but who still display their wares up to the drainage line. Others include commercial motorcycle operators who board and have their passengers alighted indiscriminately. There are about seven banks along the project area and these banks do not seem to have adequate parking lot for their numerous customers thereby having them park along the road which contributes to the traffic problems on the road.

It was also observed that from about 14:30 hour (Nigerian time), the commercial tricycle operators (Keke) begin operations along the road. Because there is no specific park for their operations, these operators park along the road to board and alight passengers, which also contribute to traffic congestion. Apart from the Keke operators, there are also, other road users who come out during the later hours of the day that contribute to traffic congestion on the road. These include; additional market women (into the street market), hawkers and vendors who sell their goods to motorist along the road.

Pedestrians also give some cause for worry along the road. The absence of walkways leaves them with no option other than walking along the road.

The general condition of the road could be said to be good but for isolated silted drains along the road. There are also some damaged median islands and sand accumulations near the median islands on the road.

1.5.3Fagba Junction

This junction is located along Pen Cinema-Iju (waterworks) road within Ifako/Ijaye LGA at the north-eastern part of Lagos State (see Map 1.4). It is a T-junction where vehicles from Ikeja, Agege/Pen Cinema, Abule Egba, Oke-Oba and Iju-Ishaga link up.

The road is a dual carriage way with a narrow median. It could be said to be in a good condition but for minor surface failures along the road with few interspersed potholes.

Map 1.4: Fagba Junction Project Area

Free traffic flow along and within this junction is reduced mainly by; vendor traders who operate mainly at late hours (15:00hrs – 21:00hrs), commercial motorcycle operators (Okada) who board and alight their passengers indiscriminately, commercial tricycle operators (Keke NAPEP) who also operate mainly later in the day. Although the Okada operators made some effort to make a shade for themselves while awaiting the client, the space is not big and good enough to accommodate them such that, they can board and alight passengers within, without causing any form of obstruction to traffic flow. The accumulation of these Okada operators, along the road (near their shade) which is actually at the neck of the junction causes obstruction to traffic.

Some medium to large scale commercial operators also operate along the road especially along the Iju water works road near the junction, while most of these business operators have enough space behind the drainage, they still display their wares on and at times beyond the drains there by occupying what should have been the walkway for pedestrians. This act actually push pedestrians further into the road and hence contributing to traffic congestions, let alone the safety of the pedestrians. There is a pile of wooden electric pole beyond the drainage along the Iju water works road. The Abule-Egba Road link to Fagba Junction is relatively less occupied by street traders; most of the traders on this road operate beyond the drains off the road, nonetheless, there are still a few that tend to display their wares on the drainage. The drainage along this road are not covered, so traders and vendors who operate on the drainage use some items like wood or metal to cover the drainage over the area they are operating. Small business along this road include; food vendors, GSM operators, Fairly-used fabric dealers, book sellers, commercial motorcycle operators, fruit and vegetable dealers, groceries, etc.

During the morning to early afternoon, the main challenge to traffic at Fagba junction emanating from Abule-Egba Road is from commercial motorcycle operators (Okada). From about 14:30 hours (Nigerain time), commercial tricycle operators (Keke) begin operation along the Abule-Egba axis of the junction. From about this time too, some other vendors who do not operate in the early hours start operation. All these combine to cause traffic problems at the Junction.

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dedoyin Rd.

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abatunde Rd.

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Lawason/Itire Rd

Road

Roads of interest

LGA's

Mushin

Surulere

Legend

Lagos

Mushin

Surulere

Mushin

Surulere

1.5.4Old Iyana-Ipaja/Pen Cinema Junction

This area could better be referred to as an axis, as it covers two junctions (with their adjoining streets) across a road stretch (old Iyana-Ipaja/ Pencinema Road). It is located within Ifako-Ijaye and Agege Local Government areas, north-east of Lagos state (Map 1.5). Most part of this project area is located within Ifako-Ijaye and this part starts from the Pencinema junction linking the Iju, Balogun and Ogba Roads and continues along Pencinema road up to the railway line to the west. The Agege Local Government section starts from the western side of railway line up till the Christ Church Road about 150 meters northwards.

Map 1.5: Old Iyana Ipaja/Pen cinema Project Area

The junction at the Pen cinema links up to Iju/Ishaga road to the north, to Balogun Road leading to Ikeja area to the south, while to the east, the junction is linked to the Ogunji road leading to Ogba and then stretched Old Iyana-Ipaja Road on the western axis. There is a bus terminus at the Balogun/Ogunji intercession at the south-east corner of the junction. About 200m to the west, there is a double lane rail line crossing over Pen cinema road. Few meters after the rail line is a junction interspersing the Old Abeokuta Motorway. This junction is a very busy one because of the heavy traffic on the Old Abeokuta Motorway and those from Old Iyana-Ipaja and Pen cinema Road.

About 250m down southwest of the junction is another major junction that links traffic from Old Abeokuta Motor Road and Ijaye to old Iyana-Ipaja road. This junction adds considerably to traffic congestion in the area.

Apart from the traffic load, due to the volume of vehicles plying these junctions, obstruction free traffic flow is caused by a range of factors peculiar to the various sections of this project area.

At the Pen cinema junction end of the axis is a commercial vehicle park at the southwest arc (between Ogba Road and Iju Road) of the round about. This park is not big enough to accommodate all the vehicles that are serviced by the park, hence, there is out fluxing of excess vehicles into the road and contributing to traffic congestion. Apart from the vehicle park at this section, there is a very high level of small business activities going on along the road. These business operators encroach over the drainage and into the road there by reducing the road width available to vehicles. At the Balogun/Pencinema arc of the round about is a fast foods eatery (Tastee Fried Chicken) whose compound is just very close to the drainage along both Roads. Many street traders and vendors including itinerants occupy over the drainage very close to this compound and even encroach further into the roads and contributing to the traffic congestion. Down the Balogun Road are also several street traders and vendors including vendor vans selling bread and other snacks.

At the Iju Road by Ogba Road arc of the pencinema junction, is a market as well as a Taxi park and both the out fluxing cabs and market people (buyers and sellers) contribute a great deal to traffic emanating from this section of the junction. The taxi park was observed to be big enough for the cabs but due to the market operations and several other street traders and vendors that the cab drivers had to maneuver around before getting into their park, free flow of traffic is hampered to some extent. Further down Iju Road on the eastern side, street trading is not particularly pronounced during the day, but tends to increase at the later hours of the day when additional vendors occupy the road for their businesses.

The Iju Road by Pen cinema Road arc is particularly busy with open stalls and few store shops dealing in various items. There are also commercial motorcycle and tricycle operators operating at the eastern side of the Iju Road; while the motorcycles operates throughout the day, the tricycle operators starts around late afternoon. There are also several itinerant vendors as well as stall owners who display their wares beyond the drainage and into the road.

Along the pencinema road on both sides are several store shops, open stalls, vendor table, artisans and itinerant traders. Apart from some vendor table owners and open space small business, who has no space behind the drains off the road, a large number of store shop and stall owners resort to displaying their wares on and beyond the drainage into the road thereby causing obstruction to traffic. Just before the railway, on the southern side of the pencinema road is a street (Lewi Street) that is equally commercialized. Apart from small business owners and street traders operating on the street, inter-state commercial vehicles also board their passengers there. As at the time of this field survey, passengers were boarding vehicles traveling to Ibadan (Oyo State). These vehicles encroach into the road futher congesting the traffic at the junction.

Small business operators heavily congest the railway line to the north and south of Pen cinema road. Most of these operators are vendor table dealers, a good number too display their items on the floor near and into the rail line. These small business operators encroach well into the road and cause serious obstruction to traffic.

The rail line by Old Abeokuta motor way arc of this junction is occupied by street traders (mainly dealing on ready-to-wear clothes) to the extent that a few of them encroach over the drainage and into the road in isolated instances. On the Old Abeokuta extension of this arc, commercial Tricycle (Keke) operators park on the road to operate and contribute to traffic obstruction. Commercial motorcycle operators also park and operate from this end of the round about.

On the other side (west) of the old Abeokuta motorway, obstruction to traffic is caused mainly by street traders and vendors as well as commercial tricycle operators (trying to turn-around the round about to the opposite side of the road.

Male

59%

Female

41%

Within the arc of the Old Iyana-Ipaja Road by Old Abeokuta motor Road are also several street trading going on. Encroachment onto and even beyond the drainage is pronounced here. Further on down to old Iyana-Ipaja road before the canal, several vendor table and open stall operators also operate over the drainage and into the road. After the canal and further down to Church Street, the road is relatively free of street business operators. At the south-western arch of the Old Iyana-ipaja Road by Old Abeokuta motor Road, street business, itinerant traders, vendor table operators and stall owners who display their wares on to the road also abound. To the south along the Old Abeokuta motorway, on either side, street shop and stall owners do display their goods on the drainage and into the street thereby contributing to traffic congestion on this line.

Along the southern side of the Pen cinema road, several street traders, shop owners and open space small business operators align the road on and over the drainage. After Lewis Street, there is Union Bank and due to lack of enough space within the bank premises, visitors to the bank park their vehicles on the road adjacent to the bank. These parking contribute to traffic congestion by reducing the road width available to other users. After the Bank, the story of street traders and small scale business encroaching into the road continues up to the fast food eatery (Tastee Fried Chicken) at the Pencinema round about.

12%

9%

79%

PreferenceNo preferenceUnwilling to relocate

Diurnal variation in traffic challenges is a major factor along the Old Iyana-Ipaja by Pencinema Junctions because; while some traders that operate during the morning to early afternoon do not operate afterwards while several many others who do not operate in the earlier hours of the day add to the volume of street business operators later in the day.

The field survey revealed that the most critical periods along this axis is between 06:30 hours to 14:30 hours and between 14:30 hours and 21:30 hours (Nigerian times)

In upgrading this road, while many of the shop and stall owners who diplay their wares on and beyond the drainage will be required to move backwards, very few (mainly vendor Table owners and itinerants) will be relocated. The commercial Motorcycle (Okada) and Commercial Tricycle (Keke) Operators will have to be made to occupy within fixed locations to board and alight their passengers.

1.6 Land Acquisition Resettlement Plan Objective

The resettlement action plan for the TSM Group B and D project is driven by the objectives of the World Bank OP 4.12 to avoid involuntary resettlement where feasible, or minimise, explore all viable alternative project design. Land acquisition at the junctions and roads will be minimal and restricted to the existing set backs. LAMATA shall not acquire new land and acquisition will not extend beyond the required space in the set backs. Small portions of land may be acquired at specific locations within the set backs for the construction of lay bys and drainages. LAMATA is not planning any major road expansion works for any of the four roads and junctions and no structure shall be demolished.

Although the total land that will be required for infrastructure development will be very minimal, given that some road sidewalks vendors will either be completely or partially displaced from their business premises, it is pertinent therefore that adequate resettlement plan is put in place by LAMATA. At the moment, traders, food vendors and antisans have encroached into some portions of the Group B and D roads and junctions set backs and sidewalks. However, houses, businesses, and permanent structures including the markets are all located beyond the sidewalks.

Eligible people for resettlement and assistance are the Project Affected Person (PAP) identified in locations where infrastructures will be constructed. Permanently displaced persons shall be relocated to other vacant spaces or markets within the project area, while temporary displaced persons will be requested to shift backwards. At moment, it is not likely that there will be any permanently displaced person that will not be accommodated within the available open spaces and markets. However, the chairmen of the LGAs, NURTW and management of LAMATA have identified possible areas where permanently displaced PAP’s if the need arises will be resettled.

This Resettlement Action Plan (RAP) aims at developing resettlement and compensation criteria as well as institutional arrangements to meet the requirements of the people who may be affected by the proposed project. The anticipated impacts on people include land acquisition, loss of physical structures, loss of access to livelihood and loss of access to economic resources. The RAP is prepared to the standards and specifications of relevant legislations of the Federal Republic of Nigeria, the LASG, and the operational policy of the World Bank, OP 4.12. The RAP will assess (quantify and qualify) the presumed adverse impacts of its road improvement operations and suggest mitigation measures including budget to address the issues.

1.7Description of Planned Project Infrastructures

LAMATA intend to carry out road improvement works at the selected Group B and D Junctions and their adjoining roads for effective traffic management system. The general objective of all the planned projects is to improve the prevailing traffic management systems and improve travel time and safety on the roads. The proposed works at the different locations are as follows:

1.7.1 Proposed improvement at Itire Road/Lawanson Bus stop

Proposed improvement activities at this section include:

· Replacement of the junction of Itire/Lawanson Road with Jubril Martins and Aborishade Streets with a single roundabout.

· Provision of adequate lane markings, edge and centre markings and paint kerbs.

· Provision of streetlights.

· Clear and repair damaged and silted drain and replace their covers so that pedestrians can use this area as a pedestrian walkway.

· Provision of a pedestrian crossing at about 30m away from the centre of the junction both sides of Itire Road.

· Rehabilitate the deteriorated adjacent roads to improve accessibility and flow of traffic.

· Extension of the lay-by at the co-operative building (about 200m from the junction close to Ajayi Street junction) to 60m length. Also create a bus lay-by at Union Bank (approximately 125m away from the junction).

1.7.2 Old Iyana-Ipaja/Pen Cinema

Proposed improvement activities at this section include:

· Provision of a proper wide-diameter traffic (roundabout) with the necessary kerbs, island and road markings. The roundabout will comprise two circulating lanes and accommodate two lanes per direction on all four approaches.

· Extension of Iju and Balogun Road to a standard dual carriageway.

· Clear the Ogba / Ijayi Road intersection from hawkers and stalls, a traffic signal (light).

· Provision of adequate walkway for pedestrian especially along Ogba Road as well as replacement of drain covers.

· Creation of a separate dedicated motor cycle park.

· Repair of the failed median Island along Old Iyana- Ipaja Road.

· Closure of the opened median in front of Police station along Balogun Road.

· Provision of street light.

· Provide pedestrians zebra crossings at appropriate locations to accommodate high pedestrian flow movement.

1.7.3 Proposed Improvement at Dopemu / Shasha Road /Round abouts

Proposed improvement activities at this section include:

· Re- opening of the ramp from westbound carriageway of the Express. The on - ramp onto the Express (currently used a two - way road) will be converted back to a one - way road.

· Opening of the median that extends to the northern interchange terminal roundabout to allow for full circulation around the roundabout.

· Provide two lanes per direction on Dopemu road between the northern interchange terminal and Jayeola Street, and provide a continuous right turn slip lane from Jayoela into Dopumu Road.

· Provide two lanes on each of the southern ramps linking the eastbound carriageway of the Express with Shasha Road.

· Update Shasha Road at the intersection with Bada and Ladipo to three through lanes and a separate left turn per direction, and signalise the intersection.

· Introduce median barrier along Shasha road

· To signalise the intersection of Shasha Road with. A continuous right turn slip lane to be provided from Shasha Road into Akowonjo.

· Provision of adequate lay- bys along the major approaches at least 100m away from the junction for commercial vehicles.

· Relocation of the mini market along Shasha road and Egbeda Akowonjo junction.

· Patch potholes and overlay the failed section along Shasha road.

· Restriction of Motorcycle and private vehicles from parking on the right of way of moving vehicles.

· Provide cover slap or otherwise to the existing drain.

· Provide pedestrian walkways.

· Paint kerbs round the roundabout and median barrier and appropriate traffic signage.

· Provision of streetlight to improve visibility and safety at night

1.7.4 Proposed Improvement at Fagba Junction

Proposed improvement activities at this section include:

· Overlay the pavement of the carriageway.

· Widening of the road where necessary to provide two lanes per direction on all approaches plus a short left turn Lane from Iju into Abule Egba.

· Relocation of electric poles obstructing the flow of traffic.

· Re-activation of the traffic signal (light).

· Provision of a bus stop at about 100m from the junction and restricting vehicles from on-street loading and off - loading at the junction.

· Provides street lights at the junction to improve visibility and safety at night.

· Provide appropriate lane marking at the edge and centre of the carriageway, appropriate pedesrian crossing markings and paint kerbs and barriers.

1.8Report Outline

This Report for the Resettlement Action Plan for the selected Grops B and D Junctions is arranged in the following format:

Chapter 1Background Information

Chapter 2Institutional Responsibilities for Resettlement

Chapter 3Project Affected Persons and Properties

Chapter 4 Legal Framework and Resettlement Principles

Chapter 5Valuation of & Compensation for Structures

Chapter 6Monitoring and Evaluation

Chapter 7Resettlement Budget and Financing

Chapter 8Schedule for RAP Implementation

CHAPTER TWO

Institutional responsibilities for RESETTLEMENT

2.1 Introduction

There are various institutions that are involved either in development or implementation of transportation policies in Lagos State. Such institutions include the Ministry of Transport, Lagos State Metropolitan Area Transport Authority (LAMATA), Lagos State Transport Management Authority (LASTMA), Local Government Councils and the NURTW. The aforementioned institutions including Ministry of Land, Ministry of Housing, Physical Planning and Urban Development and Ministry of Environment have been identified as some of the institutions for resettlement. Most of the institutions are related in function and some other cases have overlapping functions but are duly recognised by law or customary norms of Lagos state. While most of them do not have direct links with resettlement, some of them, by operation or functions, have related responsibilities with resettlement.

2.2Implementation Roles and Responsibilities

The roles and responsibilities of LAMATA and other agencies with regard to RAP implementation are detailed below.

2.2.1LAMATA

This Agency was established by law in 2002 as Lagos Metropolitan Area Transport Authority, 2001. Statutorily, the functions of the agency include:

· Coordinate the transport policies programmes and actions of all transport related agencies in Lagos State.

· Plan and coordinate the supply of adequate and effective public transport within metropolitan Lagos.

In the discharge of its functions, the authority has the power to construct, re-construct, maintain and manage transport infrastructure and facilities and all other buildings and works necessary for the discharge of the functions of the Authority.

Responsibilities for commitments proposed in the RAP exist within LAMATA and are delegated internally to other units in the agency as well as other government agencies. Perfect understanding of the proposed project exists in the agency as all units and staff assigned to specific roles associated with resettlement, including impact minimization, inventory preparation and confirmation, consultation and feedback, compensations, monitoring and reporting.

All the identified agencies (Figure 2.1) will be involved in the RAP implementation, under the overall direction of the project director (shaded green), who reports directly to the RAP Advisory Group (shaded purple), which is headed by the Managing Director of LAMATA. A special unit referred to as the RAP implementation committee (shaded in Yellow) will work with the project director to ensure RAP implementation and monitoring. The core responsibilities for RAP implementation will rest with the social safeguard unit of LAMATA (Project Director). Specific roles of implementation units in LAMATA will include:

Figure 2.1: RAP Implementation Structure

• Environmental and Safeguard Unit is currently responsible for facilitating liaison with communities as well as government agencies and local government department to facilitate stakeholder consultations throughout the life of the project. This unit reports directly to the Managing Director of LAMATA on the process of resettlement of affected people. This unit also liaises with NURTW in ensuring that members of the union are appropriately brief on the progress of the resettlement plan. It is the responsibility of the unit to adequately implement the resettlement plan as stated in this report and provide all information to the World Bank as and when required.

•Transport Unit is responsible for supervising the contractors engaged in construction of facilities for this project and ensure strict adherence to project design specifications and land acquisition. They will also identify alternative project sites that will have minimal impacts on socio-economic variables in affected project areas.

• Legal provides advice to the RAP implementation manager, including verification of compensation and drafting of legal agreements with affected parties, local government authorities and NURTW.

• Accounts processes payments to the affected people and ensure proper accountability throughout the project circle.

2.2.2Ministry of Physical Planning

The Lagos State Ministry of Physical Planning and Urban Development Law, 2005 provides for the administration of Physical Planning, Urban and Regional Development Agencies and for connected purposes. The Ministry of physical Planning is given the ministerial responsibility for initiation, formulation and implementation of policies and coordination of programmes on all aspects of physical planning and urban development in Lagos State. It coordinates other agencies e.g. Urban Renewal Authority.

In section 51(i) of the law, a development permit may be revoked, however with notice which shall state the reason for the revocation. Part of the reasons could be for overriding public interest pursuant to sections 28 (2) (3) of the Land Use Act. Section 54 states grounds for the payment of compensation for developments on the land with the assessment as stated in section 55, which should be paid within 90 days (section 56). There is also the Appeal Committee, which disputes on same where grievances could be addressed. Requirements for enforcement are stated in section 61-64.

The Ministry has the power to acquire any land in connection with planned urban or rural development, and any right of occupancy on such land can be revoked in accordance with the provisions of the Land Use Act. Payment of compensation generally under this law shall be in accordance with the provisions of the Land Use Act- (sections 80-81).

Provision of alternative accommodation for a person likely to be displaced is available in section 90 of the Law. The assistance includes Planning, or building alternative accommodation or even financial assistance. There is also an appeal against any decision and the procedure as established in section 105 of the law.

The roles of this ministry in the resettlement plan will include:

· Verification of selected sites for resettlement and ensuring that such sites are ideally suitable for affected people.

· Invoke the physical planning and urban development law at the respective roads and junctions.

· Ensuring that LAMATA meets with the requirements of resettlement as specified in the report

· Make appropriate recommendation and input in the resettlement process

· Ensuring that affected people are adequately compensated as stated in this report and

· Carry out functions as may be directed by the Honourable Commissioner for physical planning.

2.2.3Ministry of Transport

The Ministry formulates and oversees other agencies. It also sees to the implementation of policy decisions and coordinates various transport laws and policies. Statutorily, the ministry is mandated to: provide road infrastructures, enforce traffic regulations, carry out public education and enlightenment and issuing guidelines for allocation of routes and prohibition of use of Bus Stops and lay-bys as terminals and trading locations.

2.2.3.1Lagos State Traffic Management Authority Law 2004

The agency, Lagos State Traffic Management Authority (LASTMA) has the power to regulate, control and manage traffic and other related matters. Parts of the functions of the authority include:

· Conducting high visible day and night traffic patrols to enforce traffic rule and regulations and clear the highways of obstruction.

· reducing the incidence and severity of road traffic accidents.

· enforcing the use of bus- stops and bus terminals.

· safeguarding highways from encroachment from the activities of markets, road side trading street hawking and alms begging.

· safeguarding motor vehicles, motor cyclists, cyclists and pedestrians at railway level crossing.

The ministry shall mandate LASTMA to enforce traffic regulations on the roads and junctions during construction and implementation phases of the project. Specifically they shall work with the project director to ensure that affected people are resettled in areas that will not impede traffic and also liaise with the NURTW to enforce traffic policies of LAMATA for this project and rerouting where necessary of commercial buses to other feeder roads. They report directly to the project director.

2.2.4Ministry of Environment

The Ministry is responsible for the overall environmental policy of the State. Pursuant to the fulfilment of its responsibilities, the government enacted the Environmental Sanitation Law 2000. The law provide for environmental sanitation in Lagos State, and establishment of /environmental Sanitation Corps and for connected purposes. It imposes responsibility on all facets of environmental media, and prohibition of certain acts and conducts.

Section 9(1) prohibits,

· People or person from constructing or putting any structure on roads, rail track,

· People or persons from using any road, street or other setback as a mechanic workshop

· People or person from display, selling or buying goods on roads, rail tracks, bridges and road setbacks.

The law further empowers the Ministry to create environmental sanitation corps, which has, as part of its functions, the mandate to enforce state sanitation laws and street trading. It is also to assist the State Ministry of Physical Planning, Local Governments, Lagos State Waste Management Authority and Law Enforcement Agencies in monitoring matters affecting environmental sanitation.

The roles and responsibilities of the ministry is to direct the Health, Safety and Environment (HSE) Department to work with the project director to implement HSE plan for contractors engaged in construction. In the same vein, the environmental sanitation corps “Kick Against Indiscipline” (KAI) shall assist the project director in the resettlement of affected persons to allocated areas and enforce sanitations policy of the government in those locations. During the implementation phase, it is the responsibility of KAI to ensure that people whom have been relocated do not return to their previous locations. The HSE and KAI report directly to the project director.

2.2.5Ministry of Lands

The ministry has the responsibility for the formulation of policies and implementation pursuant to the provisions of the Land Use Act, 1978 as amended under the 1990 Laws of the Federation of Federal Republic of Nigeria. It also has the primary responsibility for land management in the state. Part of its agencies includes the Land Use Advisory and Allocation Committee. Its functions and power includes payment of compensation for the revocation of a right of occupancy.

Although LAMATA is not acquiring new land for the purpose of this project, however, since the ministry is statutorily mandated to implement compensation for acquired land, the advisory and allocation committee shall work with the project director to ensure that affected people are compensated as stated in this report. They will also ensure LAMATA’s compensation and assistance programme are in conformity with the provisions of the Land Use Act.

2.2.6Local Government Authority

The constitution of the Federal Republic of Nigeria approves the creation of Local Government Councils in each of the 36 States of the federation. The Alimosho, Agege, Surulere and Ifako Ijaiye local governments council was created by the federal government to carry out their functions as stated in the constitution. Since the local governments are directly involved in the allocation of bus terminus and markets, it is imperative that they are part of the resettlement plan. Therefore, the roles and responsibilities of the local authorities (physical planning or works department) in this resettlement plan shall not be limited to the following.

1. Liaising with the project director to verify adequacy of resettlement location and provide approval for such sites.

2. Providing additional resettlement area if the designated locations are not adequate.

3. Ensure that traders who have located on the set back and have approved shop allocation are requested to move back to their respective shops previously allocated to them by the local government

4. Ensure all facility areas are not encroached by the traders after relocation.

5. Provide necessary infrastructures in relocated areas.

6. Implement policies developed by LAMATA for project sustainability.

7. Liaise with LAMATA and participate in consultations with NURTW and traders.

2.2.7National Union of Road Transport Workers (NURTW)

The NURTW was established by an Act, the union is to participate in public transportation and haulage activities. The union has branches and affiliations throughout Nigeria and is recognised by federal, state and local governments. LAMATA had several consultations with the union on the objectives of this project. The executive of the Alimosho, Agege, Ifako Ijaiye and Surulere branches of NURTW shall work with the project director to:

1. ensure that activities of their members do not contravene the traffic management policy of LAMATA

2. provide resettlement assistance in areas where necessary

3. participate in consultations and enlightenment of members and other affected people

4. enforce policies of LAMATA in bus terminal and bus stops controlled by the union

5. enforce traffic regulations along the corridors

2.3Measures for Strengthening Organizational Capability

The safeguard unit of LAMATA has well trained personnel in RAP; it is the responsibility of this unit to ensure that all identified members of the implementation team are trained prior to implementation of resettlement and compensation. The training will not be limited to the following.

1. The OP 4.12 of the World Bank and other World Bank operational policies on environment,

2. Relevant Nigerian laws and policies relating to land acquisitions and resettlement,

3. Brief on the socio-economic survey report on the roads and junctions,

4. Compensation and supplementary assistance in the report,

5. Discuss implementation plan and adopt the implementation plan in the RAP report,

6. Designate specific roles and responsibilities for all members.

The safeguard unit will ensure that over zealousness of implementation team is curtailed through adequate monitoring and any officer found wanting in his responsibility should be replaced. It is the responsibility of the project director therefore to:

1. Provide adequate logistics for the RAP implementation team.

2. Keep accurate records of resettlement and compensation data and ensure consistent update of the information.

3.