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RESETTLEMENT FRAMEWORK POLICY |
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This Resettlement
policy framework is presented following the laws of the Federal
Republic of Nigeria and the World bank requirements on
involuntary resettlement, to guide future resettlement planning.
LAMATA will expand this RFP in order to cover the various
situations that may arise during the course of LUTP. |
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In the instance that
resettlement is required, the LAMATA Safeguards Unit will
prepare a resettlement plan in detail that reflects the
complexity of each subproject of batch of subprojects(e.g. an
annual work plan). the resettlement plan will follow the
principles of this RPF and the subsequent ERPF, and will be
submitted to the world bank for non-objection, before letting
any contract for the physical works. Such review will ensure
that each of the subprojects will follow the approved
Resettlement Policy Framework.
The basic aim of LUTP is to
rehabilitate a deteriorated system of main roads that already
exists. Some 40 percent of the road network under LAMATA is in
good condition and requires only routine maintenance. Most of
the rest of the road network under LAMATA supervision requires
repaving and improvements for easier traffic flow (e.g., traffic
lights, lane markings). Only 30 to 40 kilometres (approximately
5% of the LAMATA road network), including flyovers and bridges,
require rehabilitation or rebuilding. As planned, no land
acquisition and no resettlement will be required in the first
year because road maintenance takes place entirely within the
existing roadway of the major arteries selected for upgrading.
But some land acquisition may be necessary in later years, and
resettlement of increasing numbers of traders and transporters
will certainly be necessary over the life of the project.
In this context, LAMATA adopts a Resettlement Policy Framework (RPF)
for two reasons. First, in the short term, market and itinerant
vendors, stallholders, private transport providers, street
dwellers and others have occupied many areas within the
right-of-way. The full diversity of these occupants of the ROWs
is not known in detail, but it is clear that some may have
acquired moral and/or legal use rights to occupy certain areas
from market managers, local governments, and others, and some
are paying rentals, stall license fees, market taxes or other
rents for utilizing such space (see the sections below). Based
on preliminary technical plans, there are several areas of
immediate concern: intersections of major roads, where vendors
have set up sidewalk stalls; markets and bus parks along service
roads to the expressways; semi-permanent, illegal structures
that have been built within the right-of-way in some areas; and,
on Lagos Island, the proposed bus loop and the transport system
management (TSM) area, which are fringed by street sellers. In
these instances, the issue is that at certain points (e.g.,
junctions, merges onto the expressway) vendors and bus parks
occupy the sidewalk, forcing pedestrians onto the roadway, which
endangers pedestrians and impedes traffic flow. Because
municipal agencies recognize and tax these vendors and
transporters, they have the responsibility to help relocate the
sellers nearby in an amicable manner that improves overall
traffic flow.
Second, major
resettlement may be required in later years or under
follow-on projects, which will be planned during LUTP.
Stretches of the Lagos road network are almost entirely
clogged by huge markets and informal bus depots at Oshodi in
the centre of the metropolitan area and at Carter Bridge at
the entry to Lagos Island, as well as the TSM area there. |
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How not to
do resettlement |
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Avoid
this type of situation- Tejuoso July 2004 |
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These markets and
bus parks are not only within the right-of-way of the declared
roads under LAMATA authority but actually on the roadway
themselves. Thus, any road rehabilitation program today will
require a participatory and consultative approach with road
occupants if the areas are to be cleared, even partially, in an
amicable manner. Also, the contemplated urban rail mass transit
system would entail similar significant resettlement of markets
and businesses, as well as, in all likelihood, population. It is
fundamentally important to establish the principles for planning
such initiatives early on in order to facilitate the planning
and subsequent implementation of such initiatives.
Therefore, in view of the complexity of the situation, LAMATA
has, in its first year, developed an Expanded
Resettlement Policy Framework (ERPF) in order to more fully
define the policy details; the ERPF will govern the work in the
subsequent years |
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