Governor Executive Order no. 001 of 2023 on Establishment, Adoption and Implementation of a Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA)

document OFFICE OF THE GOVERNOR GOVERNOR.ED:CIJTIVE ORDERNO.Oll-2023 ESTABLISBMENT,ADOPTION, AND IMPLEMENTATION 011 A IIRAMEWORK FOR RESPONSIBLJ: AND INCLUSIVE ~INTENSIVE AGRICULTUllE (FIULIA) WHEREAS, Jmo State Gc,,amw:nl in a bid to improve the inveslment climne intenda to develop a Framework fur Req,onaible IIDd Indusive Land­ Jntensiw Agmaltural I:n,ealo-M• (FRILIA), The fhlmework eJllun:& that hmd aequwtion mid RteUh:mem fur Ja.,. ■cab: agr:ibuainels im.,stoeota an, undmtabn in line with esu,.hli&bed international good practices, reaffirmina our <'.ODlDliloldd to reasaurance and confidence and guaranteeing shared benefits between privam investon and mr,nunding camm1mitiM The Clovemment af Imo Stme i.a deainms of deepening m ~s m'Gmll inc!udiq delivering a win-win approach to all tho re10Vllllt sl8keboldms on agricultuml land rnal1e!:'I and inWlb.uent uppmmaities, FlUIIA will "Dhlnce -,cu to bat;: 1cale inv~ pmiul. emp)oymentonlup-scale farms, 8llflicientincomc, mlpro1"1ion from 1he volatility of agricul1llrll labour 1111cl pro<hictmarbtil. The Framewom will ewmre ac1heraice to .e,uidin,B principlee COTelill£ overarching inwstment, recognition and jiiOIK!iun of hmd rigb!s, state land aequiaition and mtl!ldement, envito™1Bl and social n,eponsibility. ID older to u.:bieve the Imo Stale govoonw id'• objective of m:etiiig 111 embliDg, IetplmBl"b!e 1111d inclulive b11Jineu opc:nding mvinmrn=t ilr lup-llCale agrib::±cs, investmen\8 in J:mo State, 1here is a need for: ADOPTION OF FRILIA PRINCIPLES 1. Adherence to core principles that mainstream international best practices, such as those based on the Principles for Responsible Investment in Agriculture and Food Systems and related principles and guidance, into agribusiness development in Imo State for sustainable economic growth and development. These include, but are not limited to: a. That overarching investment will consistently contribute to the government's policy objective. b. The investment will be conducted transparently, avoid or mm1m1ze land acquisitions requiring voluntary or involuntary resettlement, minimize adverse effects from land acquisition, ensure a range of inclusive investment and production models are considered, subject the investment to consultation and participation with all potentially affected communities, ensure the affected communities have opportunity and responsibility to make informed decisions regarding land acquisition, foster gender equality and empowerment of women and youth and lastly, the investment will be monitored. c. Recognize and protect land rights (including customary, informal and rights to common property resources) by safeguarding against the dispossession of legitimate tenure rights holders or partial treatment through prompt payment of adequate compensation in cash, alternative land or other forms of d. Ensure transparent and fair State land acquisition and any resulting resettlement by disclosing and consistently applying compensation standards as described above. Require that economic and social impacts be identified and addressed with adequate compensation, supplemental livelihood improvement/restoration, public infrastructure and community services, and the option ofland replacement, as may be appropriate. e. Ensure environmental and social sustainability by observing safeguards against environmental damage. Before approval or any final decision to proceed, investments will be subjected to independent assessments of potential positive and negative impacts on tenure rights, food security, livelihood, environment, the rights and/or status of women and youth, and physical cultural property. Community, individual, and worker safety will be protected, as will their fair, non­ discriminatory, and equal treatment. ESTABLISHMENT, POWERS, AND FUNCTIONS OF THE FRILIA STEERING COMMITTEE 2. The constitution of a high-level Steering Committee is responsible for the overall coordination of the establishment, adoption, and implementation of the Imo State Framework for Responsible and Inclusive Land-Intensive Agricultural Investments (FRILIA). The Deputy Governor shall chair the Steering Committee while members will include: The constitution of a high-level Steering Committee is responsible for the overall coordination of the establishment, adoption, and implementation of the Imo State Framework for Responsible and Inclusive Land-Intensive Agricultural Investments (FRILIA). The Deputy Governor shall chair the Steering Committee while members will include Commissioners for Industry, Trade, and Investment; Commissioner for Finance and Coordinating Economy, Commissioner for Budget, and Economic Planning; Commissioner for Agriculture; Commissioner for Works; Attorney General-Commissioner for Justice; Commissioner for Commerce and Industry; Commissioner for Women Affairs and Social Development; Chairman Imo Internal Revenue Service; Director-General of Imo State Investment Promotion Agency (ISIPA; Permanent Secretary, Ministry of Agriculture as the secretary to the Steering Committee 3. The function and powers of the Steering Committee shall be to: i. Ensure that agri-business investments in the State are consistent with the FRILIA principles and international best practices, including, but not limited to: a. Promote transparency in agri-business investment in the State. b. Promote the application of inclusive production models. c. Promote safeguards measures against dispossession of tenure rights holders. d. Monitor the impact of agri-business investment, including the application of compensation standards. e. Promote environmental sustainability. f. Promote gender equality and empowerment of women and youth. g. Review land allocations made to investors on recommendations of the technical committee. h. Approve the adoption a Grievance Redress Mechanism (GRM) and review GRM reports. ii. Approve for adoption and implementation of the Framework for Responsible and Inclusive Land-Intensive Agricultural Investments (FRILIA) iii. Approve for adoption and dissemination toolkits/guidelines/policies or equivalent to guide investors throughout the development of land-intensive agricultural projects in Imo State in a manner consistent with the FRILIA principles and international best practices. iv. Co-opt such persons or create such several committees on the recommendation of the Technical Committee as may be necessary to execute its functions. v. Meet quarterly or as often as may be considered expedient for the effective discharge of its functions to review the progress of the projects and investments and to consider any specific issue( s) that the Governor may direct. vi. Do such other things considered necessary or expedient for the performance of its functions. ESTABLISHMENT, POWERS, AND FUNCTIONS OF THE FRILIA TECHNICAL COMMITTEE 4. The constitution of a Technical Committee to support the Steering Committee in performing its function and meeting the objective of this Order. The Committee shall include the Commissioner for Agriculture and Rural Development as chairman and two representatives ( one not below the rank of a director and one principal officer) of the following Ministries, Departments and Agencies: Ministry of Lands, Survey and Town Planning; Imo State Investment Promotion Agency (ISIPA); Ministry of Finance; Ministry of Budget and Economic Planning; Ministry of Environment; Ministry of Agriculture; Ministry of Commerce and Industry; Office of Surveyor General; FADAMA; BPP; Imo State Internal Revenue Service; Permanent Secretary Ministry of Agriculture (Secretary) and Director, Reigns Management consult 5. The function and powers of the Technical Committee shall be to: • Develop a Framework for Responsible and Inclusive Land-Intensive Agricultural Investments (FRILIA). Prepare an implementation plan for FRILIA. • Develop a toolkit/guidelines/policy or equivalent to guide investors throughout the development of land-intensive agricultural projects in Imo State, consistent with the FRILIA principles and international best practices. • Conduct risk or benefit assessments to assist the government in implementing agri­ business projects, mainly land-based investment. • Advise and assist the government in creating sustainable land use and agri-business policies. • Monitor all land-based investment in the State and their compliance with FRILIA. • Assist the development of a land bank for agri-business investment in the State, in particular ensuring that land acquisition for the land bank is consistent with the FRILIA principles and international best practices. • Publish periodically information on agri-business investments. • Establish a framework for community and stakeholder consultations and engagement. • Provide a monthly report to the Steering Committee • Meet at least every month to consider reports from stakeholders, assigned tasks, and any special issue(s) as may be directed by the Steering Committee. • Perform such other function as the Steering Committee may occasionally deem necessary to achieve its function. ESTABLISHMENT OF A GRIEVANCE REDRESS MECHANISM 6. The Technical Committee shall develop effective grievance and dispute resolution processes with appropriate appeal mechanisms for claimants, landowners, host communities, and investors. The mechanisms shall be consistent with the FRILIA principles and international best practices. The Secretary of the Technical Committee shall also function as the desk officer for the Grievance Redress Mechanism (GRM) on FRILIA in Imo State. The GRM will be such that it consults and makes inquiries within the areas of grievance, deliberates on complaint(s)/appeal(s), appraises the complaint(s)/appeal(s) against relevant guidelines and procedures, and resolves all complaint(s)/appeal(s) within fourteen days of receipt with the responsible authority within the concerned Ministry, Department or Agency. The Technical Committee, as part of its monthly report to the Steering Committee, will include a briefing on issues/complaint(s)/appeal(s) resolved and those pending. DEVELOPMENT AND ADOPTION OF FRILIA TOOLKITS/GUIDELINES/POLICIES OR EQUIVALENT 7. The Technical Committee, as part of its responsibility, shall develop. Toolkit/guidelines/policies or equivalent for approval by the Steering Committee. These will guide investors throughout the development of land-intensive agricultural projects in Imo State, ensuring investors and the responsible MDAs are provided with adequate information to comply with FRILIA principles and international best practices. This shall include, but not be limited to, enabling investors and responsible MD As to effectively engage in consultations with communities, including local land rights holders. Among other things, the toolkit/guidelines/policies or equivalent will cover stakeholder engagement; environmental and social impact assessment and risk management; land access, easement, and involuntary resettlement management; gender equality and the empowerment of women and youth; valuation and compensation; Global Memorandum of Understanding; community needs assessment and development; out-growers and food security. NOW THEREFORE, I, HOPE UZODIMMA, GOVERNOR OF IMO STATE, BY THE AUTHORITY VESTED IN ME BY THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA AND THE LAWS OF IMO STATE, HEREBY ORDER AS FOLLOWS: I. It shall be government policy to accelerate large-scale agribusiness investments based on international best practices of land principles and guidelines to improve the business environment that enables the state's economic development. D. FRD.JA woulcl address critical ehallcmgCIS, n,fonns, and investmmt priorities in the agrieultural value (l'bains, :6uaooial sector n,gulatwy n,fonm, and land reforms to :laeilitate faming and non-agrieultural mvmment opportunities. m. FRD.JA &hall specifically bridge the gap betwet:n inveatora and host ... o,mrmnitiee, laying down inve11ment procedure, to ensure a win-win approach for all stakeholders ai:,d mamgtment of environmental and soeial sustainability. IV. To ensure the implementation and operationalizaton ofFRilJA in line wi1h the Business Enabling Reform Action Plan. (BBRAP), 1he Go\.&11nment, Depir1mcmb, andAgeooies shall collaborate to adiiwo the result area to remove obstacles to agribuaineas investment opportunities. (a) The order shall be implemented in a manner eonsistent with 1bc applicable laws ofJmo State. (b) The OIiier is not i..teudrd to and does lllJt aeate any right or bmefit, substantive or prvcedural, Clllfon:eable at law or in oquity by any party against tho Government of Jmo Statci, i18 clcpar1mants, agencies, or omitios, its offi«m1, employees, or agents, or any o1her person,, 'l'IIJ• E'!tAdYe Order lhaD tab effect lmmediat.ely apoa 1.-uuce. DATED this~ day of l O 2023. 00002234