Framework for Responsible Investment in Land Intensive Agriculture (FRILIA) for Large-scale Agribusiness Investments in Jigawa State

Microsoft Word - Jigawa FRILIA Document Framework for Responsible Investment in Land Intensive Agriculture for Agribusiness Investments in Jigawa State Framework for Responsible Investment in Land Intensive Agriculture (FRILIA) for Large-scale Agribusiness Investments in Jigawa State Developed under the Auspices of Jigawa State Investment Promotion Agency and SABER Programme Technical Committee December, 2024 Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 2 | P a g e Forward Jigawa State, being an agrarian state with fertile land for agriculture has continued to attract significant interest from investors looking to set up agricultural ventures in sub-sectors like of Sugar, Rice, Fruits, and Vegetables. In 2016, through support from the UK Government’s DFID, the Jigawa State Government (JSG) established the Land Acquisition and Resettlement Framework (LARF) as a guiding document for large scale agricultural investments in the state. The LARF set out principles, procedures, entitlements and organizational arrangements that govern the land acquisition process for large scale agribusiness investments in Jigawa State. It combined the provisions of the legal framework in place in particular the Land Use Act 1978, the Jigawa State Fast Track Procedure for Allocation of Land to Investors (SSG/AF/S/A/79/V.II/256) and the Principles of Responsible Agriculture Investments (RAI). Eight years after the establishment of the LARF, JSG is seeking to review the framework to bring it up to date with current realities and the needs of the state. The review process examined other similar frameworks, such as the revised Principles for Responsible Investment in Agriculture and Food Systems (RAI), Voluntary Guidelines on the Responsible Governance of Tenure (VGGT), the existing Land Acquisition and Resettlement Framework (LARF), IFC’s Good Practice Handbook on: Land Acquisition and Involuntary Resettlement, COP28 - UAE Declaration on Sustainable Agriculture, Resilient Food Systems, and Climate Action By 160 Governments, COP29 Spotlight on Agriculture, Forestry, and Other Land Use (AFOLU) and the Jigawa State Agricultural Policy (2024- 2030). This revised framework, the Framework for Responsible and Inclusive Land- Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State, is now expected to be reviewed every four (4) years to ensure the provisions are always current and in-line with global and local developments. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 3 | P a g e Definition of Terms Term Meaning Involuntary resettlement “Involuntary Resettlement” refers to both physical displacement (relocation or loss of shelters) and to economic displacement (loss of assets or access to assets that leads to loss of income sources or means of livelihoods) because of land acquisitions undertaken specifically for an investment. Resettlement is involuntary when affected individuals or communities do not have the right to refuse land acquisition, which results in their physical and/or economic displacement. This occurs in cases of expropriation and negotiated settlements in which the buyer can resort to expropriation. All resettlement losses are compensated in-kind or in-cash, depending on the context. Land acquisition Land acquisition covers both full purchases of property as well as the permanent purchase of rights other than full property rights, such as rights-of way, easement and usufruct rights. Land acquisition can be permanent or temporary. Physical displacement Loss of dwelling or business as a result of project-related land acquisition, which requires the affected person(s) to move to another location. Physical displacement of businesses typically entails economic displacement too. Economic displacement Loss of assets (including land) or access to assets that leads to loss of income sources or means of livelihood as a result of project-related land acquisition or restriction of access to natural resources. People or enterprises may be economically displaced with or without experiencing physical displacement. Stakeholder Persons or groups with interests in the investment/project and who may be able to influence its outcome either positively or negatively. PAP Project Affected Person: Person or enterprise experiencing either physical or economic displacement or both. Household A person or a group of persons who share at least one meal a day. In Jigawa a household is generally the group of people that live in a compound that can contain one or more houses. A household does not necessarily correspond to a nuclear family: it may consist of one nuclear family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share cooking arrangements. Polygamous families – two or more wives – are considered as one household even if the live in different dwellings. The household is the basic eligibility unit considered in this Framework and entitlements are allocated to households rather than to individuals or extended families. Land categories Residential Land:  Private Residential Land: Land used for residential purposes (the resident might be an individual, a household or a group of people (church congregation etc.).  Communal Residential Land: Land used for communal purposes (markets, local roads/footpaths, communal schools etc.).  Public Residential land: Land acquired by the state for public schools, public roads, health centers etc. Agricultural Land (households by custom own and legally have perpetual user rights to this land):  Rain fed agricultural land  Food Crop Farm: Mostly located in or close to settlement.  Cash Crop Farm: Mostly located at some distance from settlements and includes land under cultivation and land that is left uncultivated for soil recovery;  Fadama land (floodplain & irrigated land). This is mostly located along the rivers and consists of natural floodplains as well as irrigated land. While the floodplain land is mostly privately owned, the irrigated land is mostly owned by the state and rented out to households Grazing land:  Grazing reserves: There are 452 grazing reserves (55 of them gazetted) in Jigawa that are formally owned by the state and administered by the Ministry of Agriculture, but used and maintained by nearby Fulani settlements.  Community grazing zones: There is an unknown number of community grazing zones in Jigawa that are formally administered by the LGAs, but used and maintained by nearly Fulani settlements.  Cattle roads. These mostly non-demarcated paths follow roads or paths and are used to move cattle from one grazing area to another and/or to the slaughterhouses in the larger villages and cities. There is an initiative by the Ministry of Agriculture and Livestock to declare the road reserve on both sides of roads as cattle roads. Undeveloped Land is formally owned by the state, but by custom owned and administered by the villages. Forest reserves, other protected areas and forest plantations. These are formally owned and managed by the Ministry of Environment, but customary owned and de-facto used by the local communities. Orchards: fruit trees and firewood The most common fruit trees are: oranges, banana’s and mango. Firewood plantations are rather uncommon and mostly deadwood, scrub and remains of natural forest used. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 4 | P a g e Term Meaning Land tenure Traditionally all land is by custom owned and administered by villages under the supervision of the Emirates. Within this communal land, individual households have been provided with land for agricultural and residential purposes, have improved this land though their own labor and investments, perceive themselves and are perceived by others as the owners of this residential and agricultural land even if they have no formal title, are the sole decision maker of this developed land: thus, have what one calls the “permanent user rights”. Under the national legislation (Land Use Act 1978), they can obtain a Certificate of Occupancy (CofO), but until very recently hardly anybody obtained such a document and transactions were mostly conducted verbally and registered with the village land committee under the supervision of the Emir. Recently, the process of CofO has been professionalized and the Government of Jigawa has committed to provide every citizen with his CofO within the next two years. This Framework recognizes four categories of use right holders: Permanent user right holders (those that have CofOs & those that could obtain it):  Peasant-owner is a permanent right holder, who cultivates the whole or the major part of his agricultural land holdings. The peasant-owner is in most cases the household;  Resident is a permanent right holder to a plot of residential land that in most cases includes a house that is occupied by the resident’s household;  Landlords are non-cultivating or non-resident permanent right holders, who get their proprietary holding tilled by another person and/or have rented out residential land and receives rent in cash, in kind or in the form of services;  Local Communities by custom own residential land as well as all undeveloped land within the village territory mutually demarcated with the neighboring villages.  Fulani follow traditionally a mobile lifestyle, but many have settled down over time and transformed into small transhumant pastoralists and/or small-scale farmers.  Temporary user rights holders  Migrant farmers are people that established farms and houses on land that by custom belongs to a community and generally pay rent/royalties for this land use;  Tenants do not own land, but cultivate a rented holding. The rent can be paid in cash, in kind (sharecropper) or in the form of services to the landlord. The temporary use agreement can be formal, but seems to be in most cases informal;  Informal occupants: This category includes landless agricultural labourers and others. All undeveloped land, i.e. all land that is not used for agriculture, residential purposes, grazing and/or orchards, is entirely controlled by the village. It is the village/community that decides to grant parts of it to households to establish new residents or farmland and it is the community that recovers unused agricultural and residential land when it has been not used for several years. Informal right holder Person or group of persons recognized by customary rules, or other socially accepted processes, as having certain ownership or usufruct rights over an asset or resource, although these usufruct rights are neither formalized in a legal document such as a title nor officially registered. Typical situations where informal right holders are encountered include:  Slum dwellers in urban settings, where neither landlords nor occupants have formal ownership or occupation rights;  Road side or street side businesses established on a public space (a contradiction typical of such businesses is that while their occupation of the public domain is not recognised, their existence as a business is recognised through registration or payment of taxes). Vulnerable groups Vulnerable or “at-risk” groups include people who, by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage or social status may be more adversely affected by displacement than others and who may be limited in their ability to claim or take advantage of resettlement assistance and related development benefits. This Framework, therefore provides for supplemental assistance to assist each category of vulnerable persons during resettlement. Cut-Off Date The date that establishes eligibility for compensation and other benefits related to land acquisition. Best practice suggests using the date on which the census and assets inventory is started in a particular community or area. In order for the Cut-Off Date to be valid, PAPs are notified. The census conducted at a declared Cut-Off Date is normally considered valid for a period of two years and needs then to be updated or redone (after 5 years). Compensation Payment in cash or in kind for loss of an immoveable asset or a resource that is acquired/affected. Allowance Cash paid to defray resettlement related expenses other than losses of immoveable assets. For example, tenants can be provided with a cash allowance to support their effort to secure alternative housing. A moving allowance can be paid to people who have to relocate as a result of Project land acquisition. An allowance is distinguished from compensation, which reimburses the loss of an immoveable asset. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 5 | P a g e Term Meaning Livelihood A livelihood comprises the capabilities, assets (including both material and social resources) and activities required for a means of living. A livelihood is sustainable when it can cope with and recover from stress and shocks and maintain or enhance its capabilities and assets both now and in the future, while not undermining the natural resource base. Livelihood restoration Specific activities intended to support displaced peoples’ efforts to restore their livelihoods to pre-project levels. Livelihood restoration is distinguished from compensation. Livelihood restoration measures typically include a combination of cash or other allowances and support activities such as training, agricultural assistance or business enhancement. Livelihood restoration is often referred to as economic rehabilitation. Replacement value The current market value of the asset plus transaction costs (e.g. taxes, stamp duties, legal and notarization fees, registration fees, travel costs and any other such costs as may be incurred as a result of the transaction or transfer of property). In applying this method of valuation, depreciation of structures and assets is not taken into account. For losses that cannot easily be valued or compensated for in monetary terms, in-kind compensation may be appropriate. However, this compensation should be made in goods or resources that are of equivalent or greater value and that are culturally appropriate. With regard to land, structures and crops, replacement costs are defined as follows: • Agricultural, pasture and forest land—the market value of land of equal productive use or potential located in the vicinity of the affected land, plus the cost of preparation to levels similar to or better than those of the affected land, and transaction costs such as registration and transfer taxes. • Residential Land—the market value of land of equivalent area and use, with similar or improved infrastructure and services preferably located in the vicinity of the affected land, plus transaction costs such as registration and transfer taxes. • Houses and other structures—the cost of purchasing or building a new structure, with an area and quality similar to or better than those of the affected structure, or of repairing a partially affected structure, including labour and contractors’ fees and transaction costs such as registration and transfer taxes. • Other infrastructure: as above, with the proviso that linear infrastructure (e.g., fencing, wells) are valued at the unit cost of replacing the existing infrastructure times the number of linear feet (or well depth). • Annual crops — the market value of the produce midway between harvest periods for the crop multiplied by the expected yield. In the case of prices experiencing significant seasonal fluctuations, a reasonably robust average should be calculated based on price monitoring or existing statistics and periodically updated. In the case of crops experiencing significant yield variations, similarly a robust average should be calculated based on local measurements or existing agricultural statistics. • Perennial crops – (1) the market value of the produce midway between harvest periods multiplied by the yield for the period until replacement trees come into production PLUS (2) the cost of re-establishing the crop at a similar level of production. (2) is typically calculated as the sum of (a) the cost of replanting the tree (including seedling and labour), (b) the cost of maintaining the tree during the re-establishment period (fertilisers and labour), and (c) the cumulated loss of production during the re-establishment period. Adequate housing Adequate housing or shelter can be measured by quality, safety, affordability, habitability, cultural appropriateness, accessibility, and locational characteristics. Adequate housing should allow access to employment options, markets, and basic infrastructure and services, such as water, electricity, sanitation, health- care, and education. International standards afford adequate housing and security of tenure to displaced persons at resettlement sites. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 6 | P a g e Abbreviations ADR Alternative Dispute Resolution AFOLU Agriculture, Forestry, and Other Land Use CDA Community Development Agreement CLC Community Law Centre CofO Certificate of Occupancy COP Conference of Parties CSR Corporate Social Responsibility EIA Environmental Impact Assessment ESG Environmental, Social and Governance ESMP Environmental and Social Management Plan FRILIA Framework for Responsible and Inclusive Land-Intensive Agriculture GoJ Government of Jigawa GRM Grievance Redress Mechanism HCC Host Community Committee LARF Land Acquisition and Resettlement Framework LGA Local Government Authority LOI Letter of Intent LRC Livelihood Restoration Committee LRP Livelihood Restoration Programme LUA Land Use Act MDAs Ministries, Department and Agencies NGO Non-Governmental Organisation NLNG Nigeria Liquified Natural Gas PAP Project Affected Person RAI Responsible Agricultural Investment RAP Resettlement Action Plan RC Resettlement Committee RSC Resettlement Supervision Committee SLTR Systematic Land Titling and Registration UAE United Arab Emirates VGGT Voluntary Guidelines on Responsible Governance of Tenure WHO World Health Organisation Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 7 | P a g e Table of Contents 1 INTRODUCTION .................................................................................................................... 9 1.1 CONTEXT .................................................................................................................................... 9 1.2 PURPOSE AND SCOPE OF THIS LAND ACQUISITION AND RESETTLEMENT FRAMEWORK.............................. 9 1.3 BACKGROUND ........................................................................................................................... 10 1.4 LAND AND RESOURCE NEEDS ........................................................................................................ 11 1.5 LESSONS LEARNED FROM EARLIER INVESTMENTS.............................................................................. 12 2 REVIEWING THE GOVERNING FRAMEWORK FOR THE LAND ACQUISITION PROCESS .............. 14 3 LAND IDENTIFICATION AND ACQUISITION PROCESS ............................................................. 20 3.1 SCREENING ............................................................................................................................... 21 3.2 PREPARATION............................................................................................................................ 22 3.3 PLANNING ................................................................................................................................ 22 3.4 STAKEHOLDER ENGAGEMENTS ..................................................................................................... 23 3.5 LAND ACQUISITION AND RAP IMPLEMENTATION ............................................................................. 24 3.6 PAYMENT OF COMPENSATION ...................................................................................................... 24 3.7 FOLLOW UP ............................................................................................................................... 25 4 ENVIRONMENTAL, SOCIAL AND GOVERNANCE (ESG) ........................................................... 26 5 ELIGIBILITY AND ENTITLEMENTS .......................................................................................... 27 6 LAND ACQUISITION PROCEDURE UNDER THE LAND USE ACT ................................................ 32 6.1 INTERNATIONAL REQUIREMENTS FOR LAND ACQUISITION AND RESETTLEMENT ...................................... 33 6.2 GAP ANALYSIS BETWEEN NATIONAL AND INTERNATIONAL STANDARDS AND GAP FILLING MEASURES IMPLEMENTED IN JIGAWA ........................................................................................................................ 34 6.3 METHODS OF VALUING AFFECTED ASSETS ....................................................................................... 36 7 ORGANIZATIONAL & INSTITUTIONAL DELIVERY MECHANISMS ............................................. 38 7.1 RESPONSIBLE AGRICULTURAL INVESTMENT (RAI) COMMITTEE .......................................................... 38 7.2 INVESTMENT APPRAISAL SUB-COMMITTEE ..................................................................................... 39 7.2.1 Relevance:...................................................................................................................... 39 7.2.2 Feasibility: ...................................................................................................................... 40 7.2.3 Sustainability: ................................................................................................................ 40 D. CAPACITY ENHANCEMENT AND BACKSTOPPING................................................................................ 43 8. GRIEVANCE REDRESS MECHANISM .......................................................................................... 44 E. COMMUNITY GRIEVANCE MANAGEMENT SYSTEM ........................................................................... 44 F. MANAGEMENT OF THE GRM ....................................................................................................... 44 G. ALTERNATIVE DISPUTE RESOLUTION .............................................................................................. 45 H. KEY CONSULTATION AVENUES ...................................................................................................... 45 i. Host Community Committees ........................................................................................... 45 I. DOCUMENTATION AND REPORTING FOR STAKEHOLDER ENGAGEMENT ............................................... 46 J. COMMUNITY PARTICIPATION ....................................................................................................... 46 K. PLAN FOR FUTURE CONSULTATIONS AND COMMUNICATION ............................................................. 47 9. RESETTLEMENT SITES DEVELOPMENT ...................................................................................... 49 L. ROADS AND STREETS .................................................................................................................. 49 M. UTILITIES AND WASTE MANAGEMENT ........................................................................................... 49 N. PUBLIC STRUCTURES ................................................................................................................... 50 O. COST OF LOGISTICS..................................................................................................................... 50 10. LIVELIHOOD RESTORATION ................................................................................................... 51 Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 8 | P a g e P. ELIGIBILITY ................................................................................................................................ 51 Q. AGRICULTURAL ENHANCEMENT PACKAGE ...................................................................................... 51 R. INCOME GENERATION PACKAGES ................................................................................................. 52 s. Vocational Training/Scholarships ..................................................................................... 52 T. LINKAGE WITH BROADER SOCIAL DEVELOPMENT ACTIVITIES ............................................................. 53 11. IDENTIFICATION AND SUPPORT TO VULNERABLE HOUSEHOLDS ............................................. 54 U. IDENTIFICATION OF VULNERABLE HOUSEHOLDS ............................................................................... 54 V. POTENTIAL ASSISTANCE ACTIVITIES TO VULNERABLE HOUSEHOLDS .................................................... 54 W. MONITORING OF VULNERABLE HOUSEHOLDS ................................................................................. 55 X. GENDER ISSUES ......................................................................................................................... 55 12. MONITORING AND EVALUATION ........................................................................................... 57 Y. INTERNAL MONITORING .............................................................................................................. 57 i. Indicators and Frequency of Internal Monitoring and Reporting ................................. 57 Z. EXTERNAL MONITORING ............................................................................................................. 59 AA. COMPLETION AUDIT ................................................................................................................... 59 ANNEX 1: RESETTLEMENT ACTION PLANNING ............................................................................. 60 BB. PROJECT DESCRIPTION ................................................................................................................ 60 CC. IDENTIFICATION OF IMPACTS ........................................................................................................ 60 DD. RESETTLEMENT MEASURES .......................................................................................................... 60 EE. COMMUNITY PARTICIPATION........................................................................................................ 61 FF. INTEGRATION WITH HOST POPULATIONS ........................................................................................ 61 GG. IMPLEMENTATION SCHEDULE ....................................................................................................... 61 HH. COSTS AND BUDGET ................................................................................................................... 61 ANNEX 2: SOCIO-ECONOMIC STUDIES ......................................................................................... 62 ANNEX 3: OUT-GROWER SCHEME MODELING ............................................................................. 72 II. OUT-GROWER SCHEME PROCESS ................................................................................................. 72 JJ. ELEMENTS OF AN OUT-GROWER SCHEME AGREEMENT .................................................................... 73 KK. ELEMENTS OF A COMMUNITY DEVELOPMENT AGREEMENT (CDA) ..................................................... 73 Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 9 | P a g e 1 INTRODUCTION 1.1 Context Jigawa State proudly positions itself as "the new world" for agro-industrial investment, demonstrating a strong commitment to becoming a top destination for agricultural ventures. Geographically, it borders Kano and Katsina States to the west, Bauchi State to the east, and Yobe State to the northeast, with the northern boundary touching the Republic of Niger, which opens up unique opportunities for cross-border trade. Agriculture is the backbone of Jigawa State's economy, contributing over 60% to its Gross Domestic Product (GDP) and supporting nearly 90% of its population. The agricultural sector shows resilience and rapid growth, largely due to recent government initiatives focused on shifting from subsistence farming to commercial agriculture. This shift creates an attractive environment for investors looking to engage in agricultural developments within the state. Furthermore, Jigawa's agricultural potential encompasses not only primary production but also agro- processing and value chain enhancement. With a wealth of locally available raw materials, the state is well-equipped to host various food processing industries, including rice and wheat mills, sesame cleaning facilities, and oil extraction plants. These ventures promise to generate employment and bolster agricultural productivity, leading to higher incomes for farmers. Several investors have already begun establishing rice mills, wheat processing plants, sesame cleaning factories, oil mills, sugar production estates, and tomato paste companies, reflecting the vibrant investment landscape in Jigawa State. 1.2 Purpose and Scope of this Framework for Responsible Investment in Land Intensive Agriculture (FRILIA) This Framework for Responsible Investment in Land Intensive Agriculture (FRILIA) sets out principles, procedures, entitlements and organisational arrangements that govern the land acquisition process for large-scale agribusiness investments in Jigawa State. It combines the provisions of various agricultural land management frameworks, in particular, the Land Use Act 1978, the Principles for Responsible Investment in Agriculture and Food Systems (RAI), the Voluntary Guidelines on the Responsible Governance of Tenure (VGGT), IFC’s Good Practice Handbook on Land Acquisition and Involuntary Resettlement, COP 28 - UAE Declaration on Sustainable Agriculture, Resilient Food Systems, the Climate Action By 160 Governments, and COP29 Spotlight on Agriculture, Forestry, and Other Land Use (AFOLU). The LARF applies to all lands acquired by either the government and/or investors for large-scale agribusiness development in Jigawa State with a total surface area of 100 ha or more and details the steps required to; a) Identify suitable land, b) Identify affected people, c) Engage with stakeholders, d) Approval of entitlements, e) Deliver compensation f) Redress grievances, g) Implement all processes h) Share benefits with the people affected by this land acquisition. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 10 | P a g e In line with international best practice this Framework covers the following groups of affected people:  Physically Displaced People, those who are only physically displaced (i.e. who will lose their residence), but whose livelihoods are not affected (not economically displaced).  Economically Displaced People, those whose livelihoods are affected, and include people who lose access to agricultural land, transhumant herders who lose access to traditional seasonal pastures and people who run a business whose activity is affected by the investments. This category of Project Affected People (PAP) may also include agricultural labourers.  Physically and Economically Displaced People, those that experience loss of both shelter and livelihoods as a result of the agribusiness related land acquisition. Furthermore, this Framework addresses the following impacts insofar as they are triggered by land acquisitions for large-scale agribusiness investments:  Loss of residential housing resulting in physical displacement;  Loss of other private infrastructure (wells, shades, graves):  Loss of communal infrastructure (roads, shrines, mosques);  Loss of public infrastructure (public schools, health centers);  Loss of agricultural land;  Loss of business income;  Loss of land and resources utilized for grazing, gathering, fishing, hunting etc.  Loss of land that is presently not used. 1.3 Background Jigawa State is seeking to re-position itself to make Jigawa the preferred investment destination in Nigeria, by identifying, promoting and facilitating the exploitation of opportunities for the private sector, especially climate smart investments, which will create jobs for and promote the prosperity and well-being of the citizens of Jigawa State. InvestJigawa, the Investment Promotion Agency, which is the main driver for investment, through its 5-Year Strategic Plan (2021 – 2026), has embarked on a renewed strategy by establishing appropriate internal structures to support its operations and mandate delivery. This will position it adequately to drive the goals and objectives of attracting large scale investment, especially in agriculture, into the state. The overall objective of the state, through the 5-year Strategic Investment Plan is to attract investments worth 1 billion USD and to create 2,500 direct jobs within the State by 2026. The specific strategies to achieve these objectives include enhancing state visibility; attracting and facilitating private sector investment; creating an enabling and competitive regulatory environment; promoting cooperation and collaboration; and optimising internal operations. At the end of the period the following targets are expected to be achieved: -  At least 30 new inward investor projects attracted. o Agribusiness: 12 o Light Manufacturing: 10 o Renewable Energy: 5 o Solid Minerals: 3  1 Billion USD of capital investments by these projects. o Agribusiness: USD 500 Million Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 11 | P a g e o Light Manufacturing: USD 200 Million o Renewable Energy: USD 200 Million o Solid Minerals: USD 100 Million  At least 2,500 direct jobs created by these projects. o Agribusiness: 1,000 o Light Manufacturing: 1,000 o Renewable Energy: 250 o Solid Minerals: 250  At least 3 expansion projects from existing investors. To achieve the objectives and targets, the state must ensure that its land governance framework, especially for large scale agricultural investment not only makes the land acquisition process for investors easier and more transparent, but also ensures the rights of people tied to the land are protected and they are empowered in the process. 1.4 Land and resource needs The Land Use Act of 1978 was introduced as a groundbreaking approach to land management in Nigeria, with the aim of centralizing authority and addressing the disparities and complications associated with land ownership. However, more than forty years after its implementation, the Act continues to be a contentious topic, facing numerous critiques about its effects on land rights, economic growth, and social justice. This article offers a critical examination of the Land Use Act, exploring its provisions, challenges, and broader implications for Nigeria’s progress. Background and Objectives of the Land Use Act The Land Use Act was established to tackle historical issues related to land ownership, where tenure systems differed significantly among various ethnic groups and regions. Prior to its enactment, land ownership was commonly governed by customary law, resulting in ambiguities, disputes, and limited access to land for investment and development. The Act aimed to simplify land ownership by placing all land within each state under the control of the state governor, effectively aiming to make land available to all Nigerians and curtail land speculation. Key Features of the Land Use Act Some primary elements of the Land Use Act include:  Control over Land: The Act vests all land within a state in the governor, who holds it in trust for the populace and grants land rights through certificates of occupancy.  Statutory and Customary Rights of Occupancy: The Act differentiates between statutory rights of occupancy applicable to urban lands and customary rights for rural areas.  Governors’ Consent: Land transfers, mortgages, and leases necessitate the governor's approval to regulate land transactions.  Revocation of Rights and Compensation: The Act permits the revocation of occupancy rights in the public interest, with compensation based on improvements to the land rather than its market value.  Restriction on Alienation: Landowners are prohibited from selling, mortgaging, or leasing their land without the governor’s consent. Major Challenges of the Land Use Act Despite its original goals, the Land Use Act has encountered considerable criticism due to various structural and practical challenges that hinder its efficacy. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 12 | P a g e  Excessive Concentration of Power: The Act grants disproportionate authority to state governors, leading to bureaucratic inefficiencies and potential misuse of power. The process of obtaining the governor’s approval for land transactions has become a significant obstacle for land users.  Bureaucratic Challenges and Consent Requirement: The necessity of obtaining the governor's consent for nearly all land transactions has created considerable bureaucratic hurdles. This process can be cumbersome, costly, and prone to corruption, resulting in delays that deter investments, particularly in the real estate and agriculture sectors. For individual landholders, the consent requirement complicates access to loans, as land cannot be readily used as collateral.  Restrictions on Land Ownership and Tenure Security: The centralization of land control with the governor has effectively revoked individuals’ absolute ownership rights. This raises concerns about the security of land tenure, particularly in rural areas where traditional land systems persist. The absence of complete ownership discourages long-term investment in development projects, as landholders may fear revocation by the state. The “trusteeship” model of landholding under the Act diminishes tenure security for users since individuals do not own land outright but merely possess rights to occupancy.  Insufficient Compensation for Expropriated Land: The Act grants the government the right to revoke occupancy rights for public use; however, compensation is limited to improvements made on the land, disregarding the intrinsic value of the land itself. This has been a contentious issue, as individuals and communities often feel undercompensated, especially when ancestral land is appropriated for public purposes. Moreover, compensation is based on “unexhausted improvements” rather than the true market value of the land, leading to dissatisfaction among landowners who feel inadequately compensated for lost land. 1.5 Lessons learned from earlier investments Lekki Free Trade Zone In 2004, the LUA enabled the Lagos State government to set aside 16,500 hectares of expropriated agricultural land from Lagos coastal communities to develop the Lekki Free Trade Zone (LFTZ). Following the expropriation, the Lagos State Government (LSG) and Lekki Worldwide Investment Limited signed a Memorandum of Understand (MOU) with nine affected communities in 2007. The MOU is a legally binding document that promises compensation, alternative land, jobs, healthcare, and educational opportunities to the communities affected by expropriation. However, the MOU has not been fully honoured. According to a survey of 140 affected households conducted in August 2017, the government had not paid sufficient compensation to all affected communities or had not yet provided them with suitable alternative land, jobs, equity shares and other entitlements promised by the MOU. While there are several reasons why the MOU has not been honoured, this article mainly focuses on the failure of the LUA to establish binding obligations on government officials to compensation, resettle, and reconstruct the livelihoods of affected landholders. Greenfield Agricultural Company in Akampka, Akwa Ibom State Women and community members complained to have lost their major sources of water for domestic, cooking and drinking purposes because of the activities of Greenfield agricultural companies and this led to diseases and breakout of epidemics as there was no clean water for use in the area. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 13 | P a g e Willmar PZ Willmar is an international conglomerate for large-scale oil Palm Plantation owners, producers, processors and traders with active support from powerful investors across Europe, America, and other industrialized countries. The company acquired 38,000 hectares of communal farmlands in the southern part of Nigeria in 2010 which they successfully cultivated despite community opposition. The land lease was secured without community consultation. Willmar built an oil palm refinery which processes and packages 1,000 tons of palm oil per day, equivalent to one-fifth of all the palm oil refined daily in Nigeria. Forest lands were destroyed to pave way for the Plantation and without environmental and social impact assessments. The company claimed to be revitalizing the unproductive palm oil plantations & developing new ones to help meet Nigeria palm oil requirement in line with the government’s Agricultural Transformation Agenda. In 2015, Willmar PZ went on to expand the plantation with an additional 50,000 hectares of communal Land. Willmar PZ acquired all those large landscapes in Lagos, Nigeria. Dominion Farms Dominion, a US agri-business company under the UK-funded New Alliance for Food Security and Nutrition, acquired over 30,000 hectares of land from Gessol community in Taraba State with the support of the Taraba State Government which failed to protect the interest of poor agricultural communities. Nigeria Liquified Natural Gas Ltd In 1996, NLNG acquired landed properties in Rivers State spanning over 210 km for use as its pipeline right of way (ROW) and which impacts over 73 communities and over 200 families. The community members have to protest, demanding 84 billion Naira in compensation for forceful acquisition and not entering into any memorandum of understanding (MoU) with the NLNG Lee Group of Companies In 2015, the Lee Group of Companies, was accused of grabbing over 12,000 hectares of farmlands belonging to 8 different communities in Jigawa to set up a sugar cane factory and farm. Despite the existence of the LARF document, the acquisition was resisted by the communities. The lack of full implementation of the LARF is given as the reason for the conflict that arose from the acquisition. As a lesson learned from these and many other projects, Jigawa State Government has decided to ensure the full application of the LARF -2 for large scale agricultural investments to avoid, mitigate the risks arising from large-scale land acquisitions. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 14 | P a g e 2 REVIEWING THE GOVERNING FRAMEWORK FOR THE LAND ACQUISITION PROCESS The Principles of Responsible Agricultural Investment and Food Systems (RAI) The initial LAFR was governed by the first seven (7) principles of the Responsible Agricultural Investment and Food Systems (RAI). In this FRILIA Framework, the ten (10) RAI principles are taken into account. As the set of ten principles that make up the RAI were developed through a multi-stakeholder process, they have wide buy-in. The principles are intended to provide practical guidance to governments, private and public investors, intergovernmental and regional organizations, civil society organizations, research organizations and universities, donors and foundations. These principles are organized into three broad categories: human rights and social protections, sustainable natural resource management and good governance. They state that responsible investments in agriculture should contribute to food security and nutrition while also helping to eradicate poverty, promote sustainable economic development and support women’s empowerment, youth empowerment and gender equality. To ensure better governance, the principles call for more accountable and transparent governance systems and processes that provide grievance mechanisms and address harmful impacts of investments. The RAI are voluntary and non-binding and should be applied in ways that align with existing obligations under national and international law. The risks associated with land acquisition and resettlement of large agribusiness development are ever more significant in the face of continuous agricultural land fragmentation and usage limitations due to factors like inheritance, population growth, urbanisation, etc. Without effective and transparent guiding frameworks, large scale agricultural investments would continue to be trigger points for social unrest and social deflection often resulting in stalemates and prolonged legal battles. In summary, the 10 RAI principles are: RAI 1 Food Security and Nutrition: Investment support progressive realization of the right to adequate food in the context of national food security, and all intended users’ responsibility to respect human rights RAI 2 Sustainable and Inclusive Economic Development and Poverty Eradication: Respecting the fundamental principles and rights at work, especially those of agricultural and food workers RAI 3 Gender Equality and Women’s Empowerment: Ensuring that all people are treated fairly, recognizing their respective situations, needs, constraints, and the vital role played by women. RAI 4 Youth Empowerment: Advancing their access to productive land, natural resources, inputs, productive tools, extension, advisory, and financial services, education, training, markets, information, and inclusion in decision-making. RAI 5 Respect of Tenure of Land, Fisheries and Forests and Access to Water: respects legitimate tenure rights to land, fisheries, and forests, as well as existing and potential water uses RAI 6 Conserve and Sustainably Manage Natural Resources, Increase Resilience and Reduce Disaster Risks: Preventing, minimising, and remedying, as appropriate, negative impacts on air, land, soil, water, forests, and biodiversity RAI 7 Respect Cultural Heritage and Traditional Knowledge and Support Diversity and Innovation: Respecting cultural heritage sites and systems, including traditional knowledge, skills, and practices; and recognizing the role of indigenous peoples and local communities in agriculture and food systems RAI 8 Promote Safe and Healthy Agriculture and Food Systems: Promoting the safety, quality, and nutritional value of food and agricultural products Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 15 | P a g e RAI 9 Incorporate Inclusive and Transparent Governance Structures, Processes and Grievance Mechanisms: abide by national legislation and public policies, and incorporate inclusive and transparent governance structures, processes, decision-making, and grievance mechanisms, accessible to all RAI 10 Assess and Address Impacts and Promote Accountability: Putting in place mechanisms to assess and address economic, social, environmental, and cultural impacts, considering smallholders, gender, and age, among other factors, and respects human rights and promotes accountability of each actor to all relevant stakeholders, especially the most vulnerable Some Case Studies from Africa:  Enhancing compliance in small and medium-sized agricultural enterprises in Rwanda Mahembe is a representative of small and medium-sized agricultural enterprises operating as a cherry producer, green bean processor and exporter, selling green beans to specialty coffee roasters in Rwanda. They face challenges such as accessing high-paying markets for specialty beans, managing adequate and reliable supply with an ageing farmer population and assuring quality for niche coffee sectors. Using the RAI Tool for Agribusiness, Mahambe’s compliance with principles for responsible investment were measured across seven key dimensions and it was determined that Mahembe has a high level of compliance. The seven dimensions included, strategy and accountability on responsible agriculture, inclusive and transparent structure, safe and responsible agriculture and food systems and operations, environmentally sustainable processes and products, responsible treatment of stakeholders, responsible human resource development and financial transparency and benefit sharing. This resulted in the development of recommendations such as adopting a more formal approach to recording its policies and procedures to ensure ongoing compliance with responsible agricultural investment standards.  Responsible investment: Prioritising compliance in highly competitive markets in Ghana Cocoa is a major export crop in West Africa. In Ghana, the cocoa industry faces an array of challenges, from climate-related disruptions in production to declining profitability and limited finance and resources. Traders in the country also often have to compete with larger firms whilst grappling with restrictions established by authorities that govern the industry. The RAI Tool for Agribusiness was used on an agribusiness that represents small and medium-sized traders in the cocoa industry and measured compliance with principles for responsible investment across the seven key dimensions used in the case of Mahembe in Rwanda. Results from the compliance analysis showed an acceptable level of compliance but noted that significant action is required in areas in which it is weak. For example, the company is a small business in a very competitive environment and tends to focus on operational matters for survival, neglecting strategic matters and dealing with responsible business conduct in an ad hoc way. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 16 | P a g e Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests (VGGT) The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGs) were officially endorsed by the Committee on World Food Security on 11 May 2012. The VGs set out principles, technical recommendations and practices for improving the governance of tenure of land, fisheries and forests. They promote secure tenure rights and equitable access to these resources as a means of eradicating hunger and poverty, supporting sustainable development and protecting the environment. They give recommendations to countries and to other key actors, who are strongly encouraged to adopt and use them on a voluntary basis. The general principles include: 1. Human dignity: recognizing the inherent dignity and the equal and inalienable human rights of all individuals. 2. Non-discrimination: no one should be subject to discrimination under law and policies as well as in practice 3. Equity and justice: recognizing that equality between individuals may require acknowledging differences between individuals, and taking positive action, including empowerment, in order to promote equitable tenure rights and access to land, fisheries and forests, for all, women and men, youth and vulnerable and traditionally marginalized people, within the national context. 4. Gender equality: Ensure the equal right of women and men to the enjoyment of all human rights, while acknowledging differences between women and men and taking specific measures aimed at accelerating de facto equality when necessary. States should ensure that women and girls have equal tenure rights and access to land, fisheries and forests independent of their civil and marital status. 5. Holistic and sustainable approach: recognizing that natural resources and their uses are interconnected, and adopting an integrated and sustainable approach to their administration. 6. Consultation and participation: engaging with and seeking the support of those who, having legitimate tenure rights, could be affected by decisions, prior to decisions being taken, and responding to their contributions; taking into consideration existing power imbalances between different parties and ensuring active, free, effective, meaningful and informed participation of individuals and groups in associated decision-making processes. 7. Rule of law: adopting a rules-based approach through laws that are widely publicized in applicable languages, applicable to all, equally enforced and independently adjudicated, and that are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. 8. Transparency: clearly defining and widely publicizing policies, laws and procedures in applicable languages, and widely publicizing decisions in applicable languages and in formats accessible to all. 9. Accountability: holding individuals, public agencies and non state actors responsible for their actions and decisions according to the principles of the rule of law. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 17 | P a g e 10. Continuous improvement: States should improve mechanisms for monitoring and analysis of tenure governance in order to develop Table 1: RAI and VGGT Comparison RAI VGGT Encourage governments to create an enabling environment for responsible private sector investment in agriculture and food systems. In particular, they provide guidance for actions to address various environmental, social, and economic issues. Highlight the need for governments to consult with all relevant stakeholders, especially the most vulnerable, in the monitoring, assessment, and reporting of land-based investments Both the RAI and VGGT encourage investors and governments to conduct due diligence assessments, engage in equitable and transparent practices, and consult with relevant stakeholders. The VGGT takes this effort one step further by emphasizing that governments and investors should ensure inclusive engagement with local communities and other stakeholders who could be affected by an investment before any investment decisions are made and should respond to the contributions accordingly COP 28 - UAE Declaration on Sustainable Agriculture, Resilient Food Systems, and Climate Action BY 160 GOVERNMENTS At the COP28 world leaders signed up to the landmark agriculture, food and climate action declaration. The ‘COP28 UAE Declaration on Sustainable Agriculture, Resilient Food Systems, and Climate Action’ (the Declaration) was announced at a special session of the World Climate Action Summit (WCAS). The declaration addressed both global emissions while protecting the lives and livelihoods of farmers who live on the frontlines of climate change as well as protecting and restoring land and natural ecosystems.  Scaling-up adaptation and resilience activities and responses in order to reduce the vulnerability of all farmers, fisherfolk, and other food producers to the impacts of climate change, including through financial and technical support for solutions, capacity building, infrastructure, and innovations, including early warning systems, that promote sustainable food security, production and nutrition, while conserving, protecting and restoring nature.  Promoting food security and nutrition by increasing efforts to support vulnerable people through approaches such as social protection systems and safety nets, school feeding and public procurement programs, targeted research and innovation, and focusing on the specific needs of women, children and youth, Indigenous Peoples, smallholders, family farmers, local communities and persons with disabilities, among others  Supporting workers in agriculture and food systems, including women and youth, whose livelihoods are threatened by climate change, to maintain inclusive, decent work, through context-appropriate approaches which could include increasing, adapting and diversifying incomes;  Strengthening the integrated management of water in agriculture and food systems at all levels to ensure sustainability and reduce adverse impacts on communities that depend on these inter-related areas; Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 18 | P a g e  Maximize the climate and environmental benefits - while containing and reducing harmful impacts - associated with agriculture and food systems by conserving, protecting and restoring land and natural ecosystems, enhancing soil health, and biodiversity, and shifting from higher greenhouse gas-emitting practices to more sustainable production and consumption approaches, including by reducing food loss and waste and promoting sustainable aquatic blue foods COP29 Spotlight on Agriculture, Forestry, and Other Land Use (AFOLU) Agriculture was not the central theme at the recently concluded COP29 in November 2024. However, it remains of significant importance as it represents a crucial transition point towards COP30 in Brazil in 2025 where AFOLU issues are expected to be central to the negotiation debate. The Global Stocktake urged countries to commit to more ambitious AFOLU-related actions and strengthen policies for sustainable land use, while also addressing the need for integrated solutions that balance emissions reductions, food security, and biodiversity. Jigawa State Agricultural Policy (2024-2030) The Jigawa State Agricultural Policy (2024 – 2030) provides a strategic roadmap towards transforming the agricultural sector in the state into a thriving hub of innovation, productivity, and shared prosperity. With agriculture sustaining nearly 90% of the population and contributing significantly to the state's Gross Domestic Product, this policy instrument responds to the agro-industrial investment and sustainable growth aspirations of the people and its leaders. The key strategies of the policy are to:  Enhance diversification of production systems and strengthen value chains and market linkages for nutrient-rich, biodiverse products through sustained support for key staples and elevated resourcing for tree crops, fruits and vegetables.  Reevaluate the current JASCO modalities and strengthen the agricultural input delivery system to explore innovative public-private sector models through the application of appropriate incentives for input producers and stakeholders towards meeting inclusive farmers’ expectations around availability of appropriate varieties, breeds, quality, timeliness, targeting, and affordability  Strengthen, expand and digitalize the cluster farming model and associated systems for enhanced agricultural productivity and resilience across the value chain while promoting inclusiveness, transparency, and accountability.  Provide strategic incentives and partnership frameworks to encourage value addition for crop, livestock, forestry and fishery products within Jigawa State for enhanced profitability and local job creation.  Promote the adoption of climate-adapted breeds, species and crop varieties through a range of measures that include a reactivated Growth Enhancement Scheme model.  Increase the share of land under regenerative, resilient and adaptive practices and combat desertification, through natural or assisted regeneration including, afforestation or reforestation and maximizing the use of indigenous species with high economic and nutritional value.  Support farmers in moderating agro-chemical usage for local ecologies without compromising production through the adoption of appropriate integrated pest and farm management practices and regulatory actions.  Scale up the production, processing and marketing of biofortified climate-smart crops, across all LGAs, to ensure increased availability of nutrient-enriched seeds, promotion of good Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 19 | P a g e agricultural practices, and encourage their procurement for government programmes in schools and other vulnerable communities.  Increase investments and strengthen systems and partnerships to improve postharvest handling and storage of crops, livestock and fisheries products through relevant practices, innovations and technologies across micro, small, medium and large-scale operations. ▪  Invest in priority food systems infrastructures that optimize climate-smart principles and technologies for small, medium and large-scale agro-processors to enhance the profitability and sustainability of their operations.  Promote backyard gardening to improve access to nutritious foods, especially for those rich in protein, vitamins and minerals alongside nutrient-enriched biofortified staple crops.  Establish and strengthen functional, integrated and digitalized climate, market and nutrition information systems and services in the context of a coordinated early warning facility The Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Jigawa State This FRILIA built on the earlier Land Acquisition and Resettlement Framework (LARF) and is derived from the VGGT, RAI, and other interventional conventions for investment in agriculture. The FRILIA principles are organized into the following four pillars: 1. Overarching principles to ensure that investments occur transparently and are consistent with and contribute to policy objectives such as poverty reduction, food security and job creation 2. Principles on recognizing and protecting land rights, including rights rooted in statutory law, customary and traditional tenure systems. 3. Principles on state land acquisition and resettlement. 4. Principles related to ensuring environmental and social sustainability. The four pillars of the FRILIA principles aim to achieve the following goals: 1. Create an enabling environment for investments and improve investor confidence, thus mitigating conflicts arising from competing claims on land allocated to investors. 2. Facilitate sustainable economic development and growth rooted in environmental and social stability. FRILIA enables complementary investments on land in growth clusters (e.g., agribusiness, roads, waste management, educational institutions) and observes established environmental and social safeguards. 3. Protect the rights and economic opportunities of local communities to ensure they benefit optimally from large-scale investments, thus enhancing shared prosperity and broad-based welfare gains from land-based investments. 4. Enable participation of all stakeholders in decision making on land acquisition and utilization. This approach facilitates capacity building and transfer of technical knowhow to local communities and empowers communities to participate in their own development. 5. Establish mechanisms for accountability of government institutions by providing toolkits and checklists to formalize the decision process on land acquisition and allocation. 6. Ensure effective mitigation of potential environmental and social risks associated with land- intensive investments. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 20 | P a g e 3 LAND IDENTIFICATION AND ACQUISITION PROCESS The following steps and procedures shall guide land acquisitions for large-scale agricultural investments (> 100 ha) in Jigawa as described in Table 2 below; Table 2 Jigawa State Land Acquisition Process for Large Scale Investments 1. Screening  Investor submits business plan, farming model and draft map  GOJ screens against the FRILIA principles and identifies suitable land  If investment complies with RAI principles & suitable land is available, MOL issues 6 month LOI reserving land for 6 months  Environmental, Social and Governance (ESG) screening Investment Appraisal Committee 2. Preparation  Investor conducts socio-economic survey in conjunction with GOJ  GOJ identifies and registers all land use rights in areas impacted by the proposed investment  GoJ instructs Community Law Centres to handle Grievance Redress mechanism  GOJ instructs LGA’s to conduct a comprehensive sensitisation of people in the area of the investment  A joint sensitization campaign is embarked upon by GOJ and the Investor based on agreed responsibilities of each party MOL/ InvestJigawa LUA Committee RAI Committee 3. Planning  Investor prepares: a) Compensation survey b) Draft Out-grower Agreement and a Community Development Agreement (CDA)1 where applicable c) An Environmental Impact Assessment (EIA)  Government of Jigawa prepares: d) A Resettlement Action Plan (RAP) e) A Livelihood Restoration Plan (LRP) LUA Committee Livelihood Restoration Committee 1 See Annex 3 Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 21 | P a g e 4.Stakeholder Engagement  Identify and analyse stakeholders  Preliminary stakeholder engagement  Develop stakeholder engagement plan  Engagement and consultation throughout project lifespan  Reporting InvestJigawa 5. Land Acquisition  MOL notifies population that land acquisition has started  Investor pays compensation to affected people  GOJ implements the RAP  Upon completion of RAP, MOL issues CofO for investor Ministry of Lands 6. Follow-up  GoJ implements livelihood restoration programme  When completion audit commissioned by the RAI Committee confirms that the FRILIA objectives are met, process is declared to be closed and GoJ protects investor against further claims InvestJigawa 3.1 Screening To gain the support of Jigawa State in the land acquisition process, an investor must comply with the FRILIA Principles. To ensure compliance, the Investment Appraisal Committee will evaluate the investor's proposed business plan, farming model, and, if available, the draft project map against the FRILIA Framework. Physical displacement should be avoided whenever possible. This can be accomplished by excluding larger settlements with more than 185 houses (or those covering more than 6 hectares or having a minimum population of 1,500 people) from the land acquisition process. Local preferences and existing land use will be considered by allowing communities adequate ‘buffer zones’ to accommodate their food crop farms, grazing areas, and land for future development. To ensure adherence to this principle, a land screening and identification process will define, in consultation with affected communities, the boundaries of the project land designated for acquisition by the investor, as well as the boundaries of the surrounding impact area. This impact area includes village enclaves and all land between the project land and the nearest physical boundaries such as roads and rivers. Ultimately, a comprehensive mapping exercise will be conducted for all agricultural land in Jigawa, allowing the Government of Jigawa (GoJ) to proactively offer suitable land to potential investors. Until this mapping is completed, the process will be initiated by an investor's request for land in a specific area. The Land Use and Allocation Committee will oversee the process. This committee comprises permanent members, including; a) the Surveyor General (Chair); b) the Ministry of Agriculture and Natural Resources; c) the Ministry of Environment; d) the Ministry of Water Resources; e) the Ministry of Local Governments and Chieftaincy; f) InvestJigawa; and g) the Farmers and Herdsmen Board. Temporary members include: a) the investor; b) the Secretary of the relevant Local Government Areas (LGAs); c) the head of the land committee for the LGA; d) the affected Emirs; e) the head of the relevant Community Law Centres; and f) a representative of the Fulani community in that area. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 22 | P a g e An investor, whose proposal and request have been successfully screened, will be provided with a Letter of Intent (LOI) that reserves the project land for the investor for 6 months and requests him to submit within this period a) a socio-economic survey, b) a final draft Out-grower Agreement that is agreed between the investor and the communities participating in the out-grower scheme c) a compensation survey, and d) an EIA in compliance with national rules and regulations. 3.2 Preparation The Government of Jamaica (GoJ) has committed to issuing Certificates of Occupancy (CofOs) for the entire state through the SLTR process. However, this goal has not yet been achieved. Once this process is complete, the households and communities affected by land acquisition for projects can be identified quickly. The investor and/or the public will be required to pay a nominal fee for this service. In the meantime, upon receiving a Letter of Intent (LOI), the investor must conduct and submit a socio- economic survey of the affected project area. The investor is expected to collaborate with the GoJ to define the scope of the socio-economic survey. Appendix 3 outlines the benchmarks for this survey, which will serve as the foundation for the development of a Resettlement Action Plan (RAP). According to existing provisions related to Community Law Centres and Alternative Dispute Resolution Committees in most Local Government Areas (LGAs), the GoJ will establish a transparent and accountable grievance redress mechanism. This mechanism will comply with the guidelines in the FRILIA Framework and provide individuals with an opportunity to raise potential grievances. Additionally, the GoJ, in partnership with the LGAs, and in close coordination with the investor, will conduct a comprehensive sensitization campaign for the affected communities to ensure that they provide their free, prior, and informed consent to the investment. 3.3 Planning The Government of Jigawa (GOJ) will establish a Resettlement Action Plan (RAP) as part of the process, ensuring compliance with Nigerian laws and the FRILIA Framework. The RAP will adhere to more rigorous standards where requirements differ. This process includes, but is not limited to, the following steps: 1. Engage Project Affected Persons (PAP) and hosts of potential resettlement sites in the planning and implementation process. 2. Calculate cash compensation and budget for other entitlements (resettlement sites) based on the entitlement matrix (see Table 2 below) for all people affected as of the Cut-Off Date (i.e., the time of the census and asset inventory), including informal users. 3. Calculate compensation, allowances, and/or livelihood restoration for both permanent and temporary impacts. 4. Pay special attention to vulnerable groups (e.g., transhumant communities, mobile populations, settlers, female-headed households, and the elderly). 5. Plan to compensate for residential houses either in-kind (with resettlement houses of better standards) or, if preferred by the affected individuals, in cash at full replacement value. 6. Design resettlement sites, new homes, related infrastructure, and public services in close consultation with the PAPs and in accordance with national housing standards. 7. Outline provisions for internal monitoring and accountability. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 23 | P a g e 8. Ensure that the necessary funds for implementing the RAP, including all compensations, are available. The investor is required to conduct a comprehensive compensation survey, which will, at minimum, complete a census of the people living in the impact zone and provide an inventory of plots and assets in the project area, following the provisions and processes outlined in this Framework. An Economic and Social Survey is also required to complete the RAP. Additionally, the investor must deliver a final Environmental Impact Assessment (EIA) that complies with national rules and regulations as outlined in the EIA Act of 1995. The Ministry of Lands, the Local Government Authority (LGA), and InvestJigawa are responsible for ensuring the quality of this process and confirming compliance with the provisions of this Framework. 3.4 Stakeholder Engagements Effective stakeholder engagement (SE) is crucial for successfully implementing the FRILIA initiative. When done correctly, it can:  Improve communication among stakeholders.  Minimize the potential for conflict.  Enhance acceptance and participation in investment projects.  Increase the likelihood of overall project success. This approach to stakeholder engagement involves various communication channels and explores various ways for stakeholders in land-intensive agriculture investments to participate responsibly and inclusively, based on their level of interest and influence. It offers guidance for community consultation and engagement throughout different investment stages. The engagement approach should:  Develop a framework for stakeholder engagement that:  Identifies stakeholders involved in investment projects.  Analyse stakeholders' interests, influences, roles, and responsibilities.  Understand the relationships among stakeholders and guide appropriate alignments within the investment process to achieve responsible and inclusive outcomes.  Create a strategy and plan that defines effective communication pathways to enhance inclusive participation. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 24 | P a g e Figure 1: Stakeholder Engagement Process 3.5 Land Acquisition and RAP Implementation After the RAP has been completed, the compensation survey cleared by the Ministry of Land, the EIA cleared by EPA and the CDA and out-grower Agreement cleared by the Investment Appraisal Committee, GOJ will notify the affected people and the public that:  The state is authorising the acquisition of the project land for the overall development of Jigawa as defined in the RAP,  The state has authorized the disbursement of the compensation as outlined in the RAP and  Any grievance shall be voiced through the grievance redress mechanism; 3.6 Payment of Compensation In accordance with its mandate for compensation management, the Land Use and Allocation Committee has developed a clear and transparent compensation process that adheres to the provisions of the Land Use Act. The compensation process is described below: 1. The investor completes a compensation survey and submits it to the Ministry of Land. 2. The Ministry of Land verifies and approves the compensation survey. 3. A town hall meeting is convened to publicly display the names of the beneficiaries, the size of their plots, and the amount of compensation due. 4. Any complaints received are addressed using the dispute resolution mechanism outlined in this Framework. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 25 | P a g e 5. Identification cards for the beneficiaries are created and distributed. Each card will include the beneficiary's picture, name, and address. 6. The investor pays the approved compensation amount into an escrow account as permitted by the Land Use Act. A double-signature system (from both the investor and the government) is required for all disbursements. 7. Bank drafts are issued for each beneficiary with an ID card. 8. A second town hall meeting is held for the distribution of the bank drafts to the beneficiaries. 9. Beneficiaries use their identification cards and drafts to collect their compensation from the bank. 10. The disbursing bank or financial institution must be located within the Local Government area of the beneficiaries. The LUA Committee, along with representatives from the Office of the Secretary to the State Government and relevant security agencies, will oversee the compensation payment process. Thirty days after the entitlement has been disbursed, the LGA Secretariat invites the affected individuals to surrender the land, including any Certificates of Occupancy (CofO) and existing assets on the compensated land. If the former owner or user does not comply, the LGA Secretariat will request police assistance to enforce the handover of the acquired assets. Once all land and assets have been surrendered, a notary will prepare and submit a completion report to the Ministry of Land, with a copy sent to InvestJigawa. Within five days of receiving the completion report, the Ministry of Land, in collaboration with the LGA, the Community Law Centre, and InvestJigawa, will conduct an audit to verify whether the due process has been followed and will establish a final completion report. Five days after the completion report, the investor will be provided with the CofO for the project land and will be allowed to access the land for demolition and other necessary activities. 3.7 Follow up Immediately after the resettlement process is completed, GOJ begins implementation of the Livelihood Restoration Programme (LRP). The Responsible Agricultural Investment (RAI) committee through the Livelihood Restoration sub-committee will be responsible for this. Six months after the completion report, the RAI Committee will commission a RAP Completion Audit to verify that due process had been followed and all entitlements disbursed.  If this Completion Audit is favourable, no further action is required and the public is informed that no further claims can be made.  If the audit identifies outstanding issues, the RAI Committee will establish a corrective action plan and supervise its implementation until all issues are resolved.  InvestJigawa and the LGA continue to monitor all parties with respect to compliance to the terms and conditions of the RAP and CDA. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 26 | P a g e 4 ENVIRONMENTAL, SOCIAL AND GOVERNANCE (ESG) Businesses all over the world are adapting, moving Environmental, Social and Governance (ESG) issues from the periphery of strategic concern to the centre. They are recognising ESG as a driver of value creation and urgently developing proactive ESG mindsets. Within the investment industry, responsible investment is becoming increasingly important. ESG considerations are gradually being factored into investment decisions as well as mergers and acquisitions. Investors are paying increasing attention to companies with effective responses to climate change and other sustainability issues as they are better positioned to weather unfavourable market dynamics and outperform their less resilient counterparts. Many investors are attempting to include ESG considerations into standard investment strategies. In response, there is a growing market for responsible investment as private equity firms, asset and wealth managers, investment advisors and other capital market players are taking advantage of the opportunities while managing the ESG risks associated with their portfolio companies. ESG integration Under this Framework, ESG integration means that the environmental, social and governance qualities of a company are analysed at the appraisal level by the Appraisal Committee. Ideally, the business model, product strategy, distribution system, R&D, and human resources policies of a company are analysed, attending to those issues the institutional investor deems most relevant. The strength of ESG analysis will depend on the background, experience, information sources and values of the Appraisal Committee. The committee members may require some training in understanding the principles of ESG. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Jigawa FRILIA, 2024 27 | P a g e 5 ELIGIBILITY AND ENTITLEMENTS Displaced persons can be classified into one of the following three groups: 1. Those who have formal legal rights i.e. CofO or similar titles. 2. Those who do not have formal legal rights at the time the compensation survey begins, but have recognizable rights or claims to the land (user rights), improvements (preparation for agricultural) and/or the assets on the land (buildings, trees). These are a) the customary owners of undeveloped land and communal residential land (i.e. the local communities), b) customary owners of residential and/or agricultural land, c) Fulani that have been using and living in the area for several years, d) the GoJ for grazing reserves, forest reserves and forest plantations e) leaseholders and settlers that have paid rent/royalties to the local communities (the are not recognized as permanent use right holders as category a, b, c and d, but as temporary use right holders). 3. Those who have no recognizable legal right or claim to the land, improvement or assets they are occupying i.e. “squatters”. Persons covered under (1) and (2) are entitled to compensation for land and improvements they lose, allowances for associated costs and livelihood restoration assistance if applicable. Persons covered under (3) are entitled to resettlement assistance rather than compensation for the land they occupy, compensation for improvements and assets, allowances for associated costs and livelihood restoration assistance, if applicable and if they have occupied the land prior to the cut-off date i.e. the time of the compensation survey. Persons who encroach on the area after the cut-off date are usually not entitled to compensation for assets they do not own formally or informally. Entitlements include the following categories:  Compensation is provided in compliance with Nigerian law and international standards to offset loss of recognized or recognizable land, improvements and assets. Compensation may be provided either in cash or in kind (provision of a resettlement house to offset the loss of a house or a similar amount and quantity of land to replace productive land lost).  Allowances are generally provided in cash to offset disturbances, inconveniences and costs associated with the displacement and resettlement process.  Livelihood restoration assistance is provided to support PAPs to restore affected livelihoods. Livelihood restoration is generally delivered in kind and/or in the form of various services, including training and capacity building.  Supplemental assistance to different categories of vulnerable people so they can restore their pre- project standard of living and livelihood. Suggested entitlements for each type of impact are presented in Table 3 below: Framework for Responsible Investment in Land Intensive Agriculture for Agribusiness Investments in Jigawa State Final Draft: 4th April 2016 28|Page Table 3 Eligibility and Entitlements Matrix Affected asset or right Eligibility Conditions Entitlements Compensation Allowances Livelihood Restoration LAND Agricultural land At the time of the census (cut-off date), hold formal land use title (CofO etc.) OR be recognized by local community and/or resettlement committee as customary owner of affected land or having permanent user rights to affected land Cash compensation according to the rates established by GOJ provided to household and the members of the affected household between 16 and 40 years will be provided with priority access to become contract farmers. OR Replacement land of similar size and quality provided to households. If land of better quality is provided (irrigated land instead of rain fed land) the size can be smaller, but should be able to produce equal or higher incomes. Regardless of whether compensation is in-kind or in- cash:  Land Transfer Allowance 10% of compensation rate in cash  Replacement land preparation allowance 10% of compensation rate in cash to cover costs of preparing the replacement agricultural land N/A Residential land or Commercial land At the time of the census (cut-off date), hold CofO etc. OR be recognized by local community and/or resettlement committee as having permanent user rights to affected land. Replacement plot of similar size and characteristics at a location acceptable to PAP. OR Cash compensation at the official rate established by GOJ Regardless of whether compensation is in-kind or in- cash: Land Transfer Allowance 10% of compensation rate in cash N/A Customary ownership of undeveloped land At the time of census mutually recognized as customary owner of undeveloped land Cash compensation for undeveloped land at compensation rate paid into community treasury N/A N/A Grazing reserves, forest reserves, cattle roads etc. The State of Jigawa or the LGA Cash compensation at compensation rate N/A N/A Land Use Peasant owner & Peasant – permanent right holder of agricultural land At the time of the census (cut-off date), hold CofO etc. OR At the time of the census be recognized by local community and/or resettlement N/A Peasant Transition Allowance 6 months of average income of the lost plot considering the most valuable crop has been planted and average yields achieved. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft: 10th Dec 2024 29 | P a g e Affected asset or right Eligibility Conditions Entitlements Compensation Allowances Livelihood Restoration committee as peasant-owner/peasant- permanent right holder Tenant of agricultural land At the time of the census (cut-off date), be recognized by local community and/or resettlement committee as the tenant of an affected agricultural land Tenants from the same households as the peasant-owner/permanent right holder of the land they are renting are not entitled N/A Land tenancy replacement allowance The tenant is expected to find himself replacement land. After a new plot has been identified, one year of average rental fee is paid directly to the tenant, with the LUAC witnessing the transaction  Training in agriculture for each person between 16 and 40 in household  Seeds for one year  Priority access to out grower opportunities Pastoralists At the time of the census be recognized by local community and/or resettlement committee as resident, transhumant or mobile pastoralist Access to land of similar size and quality provided with appropriate access routes Transition Allowance Based on the value of physical assets identified during the survey  Training in modern range management for each person between 16 and 40 in household Crops Annual crops At the time of the census, be recognized by local community and/or LUAC committee as the owner or permanent right holder of an affected annual crop, regardless of land ownership status i.e. if the land is leased to a tenant, the tenant is entitled to compensation Compensation for annual crops at local market value at the time of survey, if crop cannot be harvested before the land is required for development -- For crops in association, percentages of each crop in the mix to be estimated on a case-by-case basis by sampling crop densities in at least three different locations within the affected plot and averaged to establish the overall proportions of the different crops in the mix, which are further applied to the relevant rate to establish an average rate for the mix -- A share of the crop compensation may be allocated to the land owner/landlord/permanent user right holder based on distribution percentages agreed on in the lease agreement N/A N/A Perennial crops At the time of the census, be recognized by local community and/or resettlement committee as the owner or permanent right holder of an affected perennial crop, regardless of land ownership status Compensation for perennial crops at existing compensation rates. Trees are categorized as: - Saplings - Mature productive. - Old N/A N/A Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft: 10th Dec 2024 30 | P a g e Affected asset or right Eligibility Conditions Entitlements Compensation Allowances Livelihood Restoration Structures, buildings, houses. Residential House: Titled owner or recognized permanent right holder Household that at the time of the census (cut-off date) holds formal title to house OR be recognized by local community, and/or resettlement committee as owner or permanent right holder of house. Note: Polygamous families are considered as one household even if they live separated, but as all other households they receive a compensation for each house they lose. So if they have 3 houses for three wives, they will receive compensation for three houses Each house is compensated in-kind by a replacement house on a serviced residential plot of similar size, similar area with equal or better construction materials + compensation in cash for any additional infrastructure (e.g. separate kitchen, storage rooms, fences, well on property) + Salvaging of materials of affected structure OR Cash compensation at replacement value for inhabitable structures, if the household wishes to relocate on his own and after presenting a rent agreement or preliminary ownership title, if the household loses less than 25% of his house/compound and can renovate the not affected part, if the household can demonstrate that he just shifts the house out of the way of linear infrastructure but has sufficient land to stay in-situ Connection Allowance per house for electric and other utility hook-ups, administrative registration fees at rate to be established in RAP For house owners renting out part or all of the house to people outside their household: Allowance for lost rental income equivalent to six months rent N/A Tenancy or free-of- charge occupation of a residential house Be found at the time of the census to be renting or occupying free of charge a residential house owned by somebody from a distinct household. Intra-household tenancy or intra- household free-of-charge occupation is not eligible (e.g., somebody declaring their children or other household members as free tenants while such children belong to the same household – refer to definition of household) N/A Rental re-establishment allowance equal to 6 months of rent of the number of rooms occupied in the affected house by the affected household based on the average community rental value at the time of the survey AND Moving allowance to be determined in RAP AND Transition allowance to be determined in RAP regardless of compensation option selected N/A Ownership/permanent rights holder over a commercial (non- residential) building At the time of the census, have title or be recognized by local community and/or resettlement committee as owner of a commercial structure or as permanent right holder of this structure Replacement Structure on a serviced residential plot of similar size, similar area with equal or better construction materials OR Cash compensation at replacement value for non-residential buildings and/or other infrastructure - For owners/permanent right holders renting out part or all of the non-residential building: Allowance for lost rental income equivalent to 6 months of rent N/A Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft: 10th Dec 2024 31 | P a g e Affected asset or right Eligibility Conditions Entitlements Compensation Allowances Livelihood Restoration and/or other infrastructure Communal building (shrines, guest house, school, meeting place, communal distribute network for water or electricity, solar panels, cemetery ) Be the recognized formal or in-formal owner of communal building Either reconstruction based on an agreement with the community using the communal building, or compensation in cash based either on the categorization applicable to structures or on case-by-case valuation, plus bonus 20%. Allowances for any ceremonies needed to relocate of infrastructure with living cultural value (graves), based on a reasonable request from the community, group or individual associated to building. N/A Vulnerable People Meet at least one of the criteria (gender, age, handicapped) N/A Other categories as to be defined in the RAP and as determined by the Livelihoods Restoration Committee Framework for Responsible Investment in Land Intensive Agriculture for Agribusiness Investments in Jigawa State Draft: 10th Dec 2024 32|Page 6 LAND ACQUISITION PROCEDURE UNDER THE LAND USE ACT Based on the provisions of the Land Use Act, anyone can purchase land outrightly from the owner and apply for a Certificate of Occupancy at the Ministry of Lands. Although simple in legal terms, this solution does not protect the purchaser from competing claims that may arise after the purchase has taken place and might therefore result in a situation where some parcels need to be purchased twice. To address this risk, it is quite common, that the State Government expropriates the land and rents it to an investor for up to 99 years. All liabilities are in this case with the Government, while the investor can enjoy his leased or purchased land without risk. According to the existing national legislation, compulsory land acquisition should follow the steps outlined below:  The investor requests land from the State Governor, who in turn instructs the Commissioner of Land to obtain the land through compulsory land acquisition.  The Commissioner of Land instructs the Surveyor General to demarcate the land and conduct a land survey i.e. identifies the owner and establishes the compensation entitled under national legislation.  After the Commissioner of Land has reviewed and approved the survey results, the Director of Land issues a public announcement to the concerned communities inviting all rights holders to identify themselves to the authorities.  After the end of the public disclosure period (normally how long?) a final survey is conducted to confirm and validate the findings of the land survey and/or to register any changes.  After the survey results have been either accepted by the rights holders or confirmed by the Director of Lands, compensation is paid and the land becomes the possession of the State government, which then in turn can issue a certificate of occupancy to the investor. To conduct this process, the State Government is required to establish a Land Use and Allocation Committee that reviews and resolves disputes related to the compensation amounts. In addition, the State Government is required to set up a Land Allocation Advisory Committee to advise the Local Governments on how to identify and allocate replacement land, when customary rights of occupancy on agriculture land are expropriated. The State Government has further the right to take over the process, if the Local Government doesn’t solve this issue in a reasonable time. As the land is held in trust by the State Government, there is no compensation foreseen for the land as such, but for the “unexhausted improvement”, which is defined as “anything of any quality permanently attached to the land directly resulting from the expenditure of capital or labor by any occupier or any person acting on his behalf, and increasing the productive capacity the utility or the amenity thereof and includes buildings plantations of long-lived crops or trees, fencing walls, roads and irrigation or reclamation works, but does not include the result of ordinary cultivation other than growing produce.” Consequently, developed land is defined in section 50(1) as “land where there exists any physical improvement in the nature of road development services, water, electricity, drainage, building, structure or such improvements that may enhance the value of the land for industrial, agricultural or residential purposes”. In summary, the provisions of the Land Use Act on compensation are as follows:  Compensation is not paid for fallow or undeveloped land i.e. with no physical improvements resulting from expenditure, capital or labour. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 33 | P a g e  Compensation is calculated based on the value of improvements.  The provision of Section 6(5) of the Act, which defines that the “holder” and the “occupier” of customary right of occupancy are entitled to this compensation, is rather confusing and vague as it fails to acknowledge that the holder of the certificate of occupancy might be different from the occupier/user of the land, just as the user of an improvement on land (eg. house) may be a tenant rather than the owner, who is the holder of certificate of occupancy.  When the right of occupancy is revoked in respect of a part of a larger portion of land, compensation shall be computed in respect of the whole land for an amount equal to the rent, if any, paid by the occupier during the year in which the right of occupancy was revoked less a proportionate amount calculated in relation to the area not affected by the revocation; and any interest payable shall be assessed and computed in the like manner. When there are buildings, improvements or crops on the portion revoked, the compensation amount shall follow the principle outlined above. The Act makes no clear description of how the public or the PAPs will be consulted in the process of involuntary resettlement and again remains rather vague by saying “there shall be a public notice so that those who have interest in the affected land will indicate their interest”. 6.1 International requirements for land acquisition and resettlement Based on lessons learned from early investments that caused significant resistance, public and private actors in Nigeria are gradually starting to use international standards and approaches to access land and easements for large-scale investments and the Government of Jigawa has committed itself to comply with the requirements of the FRILIA Principles. Consequently, the FRILIA applies to all large-scale agribusiness investments (>100 ha based on the LUA) that result in involuntary resettlement as well as to associated facilities resulting in involuntary resettlement that are: a) Directly related to the investment (access roads, warehouses etc.), b) Necessary to achieve its objectives of the investment (power plants, water, gas or oil pipelines, transmission lines etc.) and c) Carried out, or planned to be carried out, contemporaneously with the investments. The RAI Principles cover direct economic and social impacts caused by the involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. To address these impacts, this Framework and subsequent RAPs are prepared to ensure that the displaced persons are (i) informed about their options and rights pertaining to resettlement, (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives, and (iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the investment. Where the impacts include physical relocation, this Framework and RAPs include measures to ensure that the displaced persons are (i) provided assistance (such as moving allowances) during relocation; and (ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site. Where necessary, the Framework and RAPs shall also include measures to ensure that displaced persons are (i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living and (ii) provided with development assistance in addition to compensation Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 34 | P a g e measures outlined above (iii) such as land preparation, credit facilities, training, or job opportunities. Particular attention should be paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation. The implementation of the land acquisition and resettlement activities shall be linked to the implementation of the investments to ensure that displacement does not occur before necessary measures for resettlement are in place. These measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, taking of land and related assets shall take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons. As indicated for displaced people whose livelihoods are land-based, preference should be given to land-based resettlement strategies and resettlers provided with land for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the land taken. If land is not the preferred option of the displaced persons or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The lack of adequate land must be demonstrated and documented. Payment of cash compensation for lost assets may be appropriate where (a) livelihoods are land-based but the land taken for the project is a small fraction of the affected asset and the residual is economically viable; (b) active markets for land, housing, and labor exist, displaced persons use such markets, and there is sufficient supply of land and housing; or (c) livelihoods are not land-based. Cash compensation levels should be sufficient to replace the lost land and other assets at full replacement cost in local markets. Displaced persons may be classified in one of the following three groups:  Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country);  Those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets (eg houses) provided that such claims are recognized under the laws of the country or become recognized through a process identified in the RAP; and  Those who have no recognizable legal right or claim to the land they are occupying. Persons covered under (a) and (b) above are provided compensation for the land they loose, and other assistance. Persons covered under (c) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons are provided compensation for loss of assets other than land. 6.2 GAP analysis between national and international standards and gap filling measures implemented in Jigawa Table 3 below provides recommendations on the manner by which international standards can be used to enhance existing Nigerian legal requirements Table 4 Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 35 | P a g e International standards for provision of adequate compensation Category Nigerian Law International standards Measures to Filling the Gaps Information and Consultation Its lawful to revoke or acquire land by the governor after issuance of notice (no consultation) PAPs are required to be meaningfully consulted and participate in the resettlement process PAPs shall be meaningfully consulted and engaged in the resettlement process Timing of Compensation The law is silent on timing of payment Compensation implementation to take place before construction or displacement Compensation and resettlement implementation to take place before construction or displacement Livelihood restoration Makes no proscription on livelihood restoration measures Requires that the livelihoods of all PAPs are rehabilitated to pre- displacement levels Livelihood restoration measures will be put in place and their outcome measured Grievance Process The land use and allocation committee appointed by the Governor is tasked with all disputes/grievances and compensation matters Requires that a grievance redress mechanism be set early constituting the representative of PAPs and, prefers local redress mechanism. The law court is the last resort when available mechanism or outcome is unsatisfactory to PAP A grievance redress committee (GRC) shall be established early and existing local redress process shall be considered to address issues of project induced grievances. PAPs or their representatives shall be members of the GRC. Owners of economic trees and crops Compensation for an amount equal to the value as prescribed by the appropriate officer of the government Compensation for the market value of the yield plus the cost of nursery to maturity (for economic tree) and labour Compensation for the market value of the yield plus the cost of nursery to maturity (for economic tree) and labour Community land with customary right Compensation in cash to the community, chief or leader of the community for the benefit of the community Land for land compensation or any other in-kind compensation agreed to with the community Land for land compensation or any other in-kind compensation agreed to with the community Agricultural land Entitled to alternative agricultural land Land for land compensation Land for land compensation Fallow land No compensation Land for land compensation Land for land compensation Statutory and customary right Land Owners Cash compensation equal to the rent paid by the occupier during the year in which the right of occupancy was revoked Recommends land-for-land compensation or other form of compensation at full replacement cost. Recommends land-for-land compensation or other form of compensation at full replacement cost. Land Tenants Entitled to compensation based upon the amount of rights they hold upon land. Are entitled to some form (such as?) of compensation whatever the legal recognition of their occupancy. Are entitled to some form of compensation whatever the legal recognition of their occupancy. Squatters including settlers or migrants Not entitled to compensation for land, but entitled to compensation for crops. Are to be provided resettlement assistance in addition to compensation for affected assets; but no compensation for land Are to be provided resettlement assistance in addition to compensation for affected assets; but no compensation for land Owners of “Non permanent” Buildings Cash compensation based on market value of the building (that means depreciation is allowed) Entitled to in-kind compensation or cash compensation at full replacement cost including labour and relocation expenses, prior to displacement. Entitled to in-kind compensation or cash compensation at full replacement cost including labour and relocation expenses, prior to displacement. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 36 | P a g e Owners of “Permanent” buildings, installations Resettlement in any other place by way of reasonable alternative accommodation or Cash Compensation based on market value. Entitled to in-kind compensation or cash compensation at full replacement cost including labour and relocation expenses, prior to displacement. Entitled to in-kind compensation or cash compensation at full replacement cost including labour and relocation expenses, prior to displacement. 6.3 Methods of valuing affected assets The Land Use Act (LUA) is problematic in that it vests ownership of all land in the state through the governor, which is contrary to the reality in most communities where the people believe they have absolute ownership. The Act prescribes a method of assessment of the quantum of compensation, through the depreciated replacement approach, that ignores the value of land since the land belongs to the state, which has led to inadequate compensation. As highlighted in table 3 above, this Framework distinguishes between compensation for expropriated assets and rehabilitation measures to help improve incomes or standards of living. To ensure that fair compensation is provided, the Framework requires actual replacement of expropriated assets, or, if requested with good reason, compensation at replacement cost and alternative rehabilitation measures acceptable to the PAPs. Key principles of replacement costs include:  Immovable properties only;  All administrative fees;  A provision for inflation if payments are delayed. Potential benefits are not counted toward replacement cost (i.e. the potential to benefit from becoming a contract farmer cannot be deducted from the replacement cost of the land acquired). Determining replacement cost of affected land is fairly easy where active land markets exist as it is possible to engage private and independent real estate agencies, banks, or mortgage firms to determine market prices or evaluate the adequacy of administratively set compensation. A comparative assessment of recommended valuation techniques is summarized in Table 4 below: Table 5 Recommended Valuation techniques for Jigawa TYPE OF LAND DESCRIPTION RECOMMENDED VALUATION METHOD Undeveloped Land Unused land without any development or improvement on it Areas with an active vacant land market e.g. in peripheral areas Market value of land of equal size, with equivalent public infrastructure facilities and services and located in the vicinity of the acquired land, plus the cost of any registration and transfer taxes. The market value of the land acquired is deemed to be the amount which the land might have been expected to realize if sold in the open market by a willing seller at the date of the declaration of the acquired land. This value can be derived from sales comparison approach. Areas with an active developed property market Residual value of land calculated by deducting the cost of a typical development in the vicinity of the acquired land - including the market cost of the materials to develop a property with an area and quality similar to those located nearby the acquired structure, plus the cost of transporting building materials to the construction site, plus the cost of any labour and contractors' fees, plus the cost of any registration and transfer taxes, minus depreciation - to the gross development value of the property determined either by sales comparison approach or by income capitalization method. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 37 | P a g e TYPE OF LAND DESCRIPTION RECOMMENDED VALUATION METHOD Areas with inactive land and property markets Value should be derived from good faith negotiation between the owner of the acquired land and acquiring entity, and should not be less than the amount paid - if any - by the owner of the acquired land to acquire the land in the first place with the appertaining costs of perfecting the title. Agricultural land Land with crops and/or economic trees Areas with an active agricultural property market Recommended approach: Sales comparison Market value of land of equal productivity or use, with equivalent public infrastructure facilities and services, and located in the vicinity of the acquired land, plus the cost of any registration and transfer taxes. The market value of the land acquired is deemed to be the amount that the land might have been expected to realize if sold in the open market by a willing seller at the date of the declaration of the acquisition. This value can be derived from comparable sales data. Areas with inactive agricultural property market Capitalized income value of the acquired land, plus the cost of any registration and transfer taxes. Capitalized income value is the net annual income - that is either generated by the sale of the land-derived products in the open market, or that would have been generated if such land-derived products were sold at their open market price at the date of declaration of the acquired land - capitalized at a yield rate an investor would expect from a secure, practically risk free investment (typically government bonds) Residential land Land with structures and improvement built on it Areas with an active same- use property sales market Market value of land of equal size and use, with equivalent public infrastructure facilities and services and located in the vicinity of the acquired land, plus the cost of any registration and transfer taxes. The market value of the land acquired is deemed to be the amount which the land might have been expected to realize if sold in the open market by a willing seller at the date of the declaration of the acquired land. This value can be derived from comparable sales data. Areas with an active same- use property rental market Capitalized income value of the acquired land, plus the cost of any registration and transfer taxes. Capitalized income value is the net annual income either generated by the rent of the land and premises built on the land, or that would be expected if such land and premises were to be rented at an open market rent, capitalized at a yield rate an investor would expect from a secure, practically risk free investment (typically government bonds) Areas with inactive same- use property sales and rental markets (e.g. school, clinic, warehouse, factory, etc.) therefore lacking comparable sales evidence Value is formed by the value of the land "as if vacant" (see section on vacant land above), plus the market cost of the materials to build a replacement structure as if new (i.e. without taking into account the acquired property depreciation) with an area and quality similar to those of the acquired structure, plus the cost of transporting building materials to the construction site, plus the cost of any labour and contractors' fees, plus the cost of any registration and transfer taxes. Land allocated to non- productive use.  Conservation areas  Non-productive forest areas  Recreational areas  Religious land Cemeteries Value of the non-productive use land as determined by a contingent valuation method. The contingent valuation method involves directly asking people, in a survey, the amount of compensation they would be willing to accept to give up specific environmental or social services. It is called “contingent” valuation, because people are asked to state their willingness to pay, contingent on a specific hypothetical scenario and description of the environmental or social service. The decision on which method to be used is vested by the Land Use Act with the Governor, but in practice taken by the Commissioner of Land. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 38 | P a g e 7 ORGANIZATIONAL & INSTITUTIONAL DELIVERY MECHANISMS The organizational framework outlines the roles and responsibilities of the GoJ structure in the delivery of land allocation, investment appraisal, resettlement measures, provision of services; arrangements to ensure appropriate coordination between agencies involved; and any measures needed to strengthen the agencies’ capacity to design and carry out resettlement activities. 7.1 Responsible Agricultural Investment (RAI) Committee The RAI Committee is a high level inter-ministerial standing committee, chaired by the Deputy Governor of the State, with the overall responsibility of establishing policies, processes and programmes related to large scale agricultural investment in Jigawa State. The RAI committee shall have sub-committees looking at specific aspects of large scale agricultural investment. Jigawa RAI Standing Committee Members Permanent Members 1. His Excellency the Deputy Governor (Chairman) 2. Secretary to the State Government 3. Hon. Commissioner – Ministry of Finance 4. Perm Sec – Ministry of Finance 5. Hon. Commissioner – Ministry of Land 6. Perm Sec – Ministry of Land 7. Hon. Commissioner – Ministry of Agriculture 8. Perm sec – Ministry of Agriculture 9. Hon. Commissioner – Ministry of Environment 10. Perm Sec – Ministry of Environment 11. Hon. Commissioner – Ministry of Water Resource 12. Perm Sec – Ministry of Water Resources 13. Hon. Commissioner – Ministry of Commerce 14. Perm Sec – Ministry of Commerce 15. Hon. Commissioner – Ministry of Local Government 16. Perm Sec – Ministry of Local Government 17. Hon. Commissioner – Ministry of Justice 18. Hon. Commissioner – Ministry of Women Affairs 19. Perm Sec – Budget & Planning 20. Representative of Traditional Council of Chiefs 21. Chairman Council of Ulama Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 39 | P a g e 22. Director General – InvestJigawa (Secretary) Ad-Hoc Members 1. Investor 2. LGA Chairman (Affected LGA) 3. Traditional Leader (Affected LGA) 4. Community Representatives (2) ( From affected Communities) RAI Committee Sub-Committees a. Land Use & Allocation Committee (LUAC) i. Land management ii. Resettlement iii. Compensation and Dispute Resolution b. Investment Appraisal Sub-Committee c. Livelihood restoration Sub-Committee 7.2 Investment Appraisal Sub-Committee The economic and social impact of a project is a key consideration for any government in terms of gauging and assessing its contribution to economic growth and development. A project that is economically viable generates products or services that are valuable to society and contribute to improving productivity and growth for the economy. A sound project results in the creation and generation of jobs and employment that are sustainable over the long term. By contrast, poor investments may result in dire consequences such as economic distortion, loss of jobs, environmental degradation and a host of other negative issues. In many cases, the revenues generated by an investment project measure the value that the output of the project generates for its promoters, while the costs (investment size) of the project measure the value (or opportunity cost) of resources used in producing the output. However, these projects may have a negative impact in terms of the wider benefits and value to society. That is, estimated project profitability does not measure the total benefits and costs to stakeholders resulting from the activities of the promoter. Instead, it measures the additional or incremental benefits and costs to the promoter, over and above the value to the wider society. Therefore, conducting sound appraisals for proposed investments not only determines the kind of support a government needs to provide for a project but also ensures that the projects avoid negative social and economic impacts on the economy and society. In general terms, project appraisals seek to determine the following: 7.2.1 Relevance:  Consistent with the policy of government in the project sector;  Within the institutional capacity of the project sponsor to implement  Addressing key problems of the sector or stakeholders  Takes account of key crosscutting issues such as gender, local content, environment etc;  Complements or is consistent with other ongoing and planned projects, programmes or recurrent activities Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 40 | P a g e 7.2.2 Feasibility:  Strategy adopted by the project is realistic and within government policy (e.g. does not conflict with a private sector driven growth strategy)  The project objectives make sense and are logical (purpose, results and activities);  Cost estimates are sound  Assumptions made by the project are justified  The project promoter has the management, technical and financial resources in place with which to implement the project 7.2.3 Sustainability:  There is adequate ownership of the project by project promoters  Technology is appropriate  Environmental and social concerns have been addressed  The project financial or economic projections are realistic (e.g. a cost benefit analysis) Application Checklist The checklist in Table 5 below outlines the minimum information required for the assessment of any application for the provision of land for agribusiness investments. Table 1 Application Checklist Requirement 1 Organization 1a. CAC Registration 1b. Audited Accounts (3 years) 1c. Tax Clearance Certificate 1d. Technical capacity/Experience 2 Business Plan/Feasibility Report or Pre-feasibility Report 2a Business concept/model (including climate considerations) 2b. Proposed location 2c. Project development plans 2d. Employment plans 2e. ESIA regulatory compliance plans 2f. Resource utilisation plans 2g. Financing plans 3 Letter of Authority 3a. Letter of authority to conduct due diligence Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 41 | P a g e Appraisal Checklist The appraisal Checklist is show in Table 6 below: Table 2 Appraisal Checklist Criteria Comments 1 Development objectives against which the proposed project conforms Sector policy, resource and product promotion policies 2 Policy and regulatory framework guiding investment Identifying regulatory framework that would guide and regulate project 3 Technical soundness of the project HR capacity, technology considerations, etc 4 Administrative feasibility of the project Organisational capacity, project sequencing, etc 5 The economic and financial viability of the project proposal Cost-benefit analysis 6 Demand for the project products or services Market assessment 7 Considerations of customs and traditions of project host communities, issues of compatibility Religious, cultural and societal considerations e.g. alcohol sale, etc 8 Gender considerations Project wide gender considerations ensure opportunities for women are clearly identified 9 Project wide local content considerations Local supplier development opportunities identified 10 Environmental impact considerations Degradation, emission, effluent`, etc. considered 11 Social impact considerations Community dislocation, re-settlements, livelihood considerations, etc 12 Resource utilisation plans Water, land and other natural resource utilization plans are sustainable Committee Membership Membership of the committee is proposed in Table 7 below: Table 3 Appraisal Committee Membership 1. Director General – InvestJigawa (Chair) 2. Special Adviser (Relevant to Investment Promotion) 3. Surveyor General – Ministry of Land 4. Director- Agriculture Services- Ministry of Agriculture 5. Director Planning – Ministry of Environment 6. Director Hydrology – Ministry of Water Resources 7. Director Legal Drafting – Ministry of Justice 8. Director Industry – Ministry of Commerce 9. Director Local Government Inspection – Ministry of Local Government 10. Farmers and Herders Board 11. Legal Adviser – InvestJigawa (Secretary) 12. Land Use & Allocation Committee The first stage in the process of preparing individual RAPs is the screening process, which identifies the activities that causes economic and/or physical displacements and an assessment of alternative boundaries to avoid and/or reduce its magnitude in particular of any physical displacement. The RAP will contain the analysis of alternatives undertaken during the screening process and need to Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 42 | P a g e demonstrate why less severe options were considered. This screening process results in a detailed map visualizing the footprint of the investment and the existing land use and land rights in this parameter. The computation of adequate compensation and ensuring equitable and transparent disbursement of compensation to PAPs is very critical to the success of any project. It is to be expected that there would be some grievance arising from any process. Dispute resolution through an effective Grievance Redress Mechanism is also a critical component of any project. To ensure all of the above, there shall be established a Land Use & Allocation Committee under the RAI Committee which shall be responsible for the following:  Land management o Identification of suitable land for investment o Supervising the finalization of the land registration process in the footprint of the investment and a reasonable ‘buffer-zone’ s (RAP) o Resettlement plans which entails-alternative land for land or infrastructure can be provided (like roads etc). o Supervision of resettlement.  Compensation and dispute resolution o Review, update and design compensation policies for the state o Review compensation rates o Determining compensation survey approach o Conduct the engagement with the affected communities to obtain their free, prior and informed consent to the boundaries of the investment. o Structure a policy for ADR regarding land investment o Design the policy o Recommend the structure o Define the process o Witness compensation payment o Receiving & conveying grievances o Monitor ADR in the state Permanent Members: 1. Commissioner Land – Chair 2. Director General – InvestJigawa 3. Permanent Secretary – Ministry of Land 4. Surveyor General – Ministry of Land 5. Director Land - Ministry of Land 6. Director Regional Planning – Ministry of Land 7. Permanent Secretary – Ministry of Agriculture 8. Director Agricultural Services – Ministry of Agriculture 9. Director Irrigation – Ministry of Agriculture Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 43 | P a g e 10. Solicitor General – Ministry of Justice 11. Director Forestry – Ministry of Environment 12. Director Hydrology – Ministry of Water Resources 13. Director Agricultural Services – Ministry of Local Government 14. Director Community Services – Ministry of Local Government 15. Representative, Farmers and Herders Board 16. Legal Adviser – InvestJigawa (Secretary) Ad Hoc members relevant to the individual investment  The Investor  The Secretaries of the relevant LGA  The Heads of the land committee of the relevant LGA  The Emirate(s) in which the investment will take place  The heads of the Community Law Centres in the area  A representative of the Fulani in that area Capacity Enhancement and Backstopping The GoJ acknowledges that acquiring land in line with international standards requires continuous training. Experience show that on-the-job training is able to overcome these challenges over time and this might include study tours to other states to give the relevant staff an opportunity to not only see field conditions of another investment, but also speak with colleagues elsewhere about implementation issues. Training makes an important contribution to institutional capacity. Training activities should complement and support each other. The training should be appropriate for the intended audience. Senior managers are concerned with policy issues and have little interest in field problems, whereas staff are consumed by implementation issues but believe they have little influence on policy concerns. One recurring mistake is to provide policy training to field staff, but no operational training. Another is to provide policy orientation to senior managers, while giving no training to staff tasked with actual implementation. An effective training program emphasizes policy training for senior management and operational training for staff. In many instances, grants or technical assistance funds from donors can be used to pay for training. Sending staff to similar projects in the country can be an inexpensive yet effective way of building capacity. Such interactions are particularly useful, because practitioners are involved in the exchanges, and the context, problems, and issues are likely to be similar. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 44 | P a g e 8. GRIEVANCE REDRESS MECHANISM Community Grievance Management System The Grievance Redress Mechanism (GRM) is part of the broader process of stakeholder engagement, accountability, quality and compliance assurance. This section describes the avenues made available to local communities, individuals and other third parties for logging grievances related to activities performed by the State Government, the Local Government, the Investors and their Contractors and/or Subcontractors and/or to land and resource used related conflicts between PAPs. This section also describes roles and responsibilities of the people involved in grievance management. The objectives of this mechanism are to:  Minimize the need for judicial or administrative proceedings;  Provide communities, individuals and other stakeholders with a straightforward, prompt, culturally appropriate and readily accessible process for voicing, logging and redressing grievances;  Provide communities, individuals and other stakeholders with predictable, transparent and credible processes resulting in fair, effective and lasting outcomes at no cost and without retribution to themselves drawing upon customary systems of conflict and dispute resolution, such as mediation, conciliation and arbitration;  Create outcomes that are considered by all parties as realistic, fair, effective, and sustainable.  Promote and establish open and clear lines of community engagement around grievances.  Ensure that feedback is provided to the complainant in a timely manner, that appropriate corrective actions are effectively implemented and that fair compensation for experienced hardship are provided in due time.  Manage and reduce community and investor risks by effectively addressing grievances so that they can be resolved before they escalate into larger conflicts. In instances where solutions cannot be reached by the GRM either party may apply to the competent Judicial Court to resolve disputes in line with applicable legislation. In disputes with local community members the government structure involved as well as the investors restrain from applying to courts first unless all amicable complaint resolution mechanisms are exhausted. Parties to a dispute are in any event free to resort to judicial proceedings to raise or resolve a grievance, regardless of whether or how the GMS or the IMC might be engaged. The means and opportunities provided by this mechanism will be communicated on regular basis to all affected communities, individuals and other third parties in the course of general stakeholder engagement activities, a brochure on the grievance redress mechanism distributed to local stakeholders as part of regular information campaigns and made available at the LGA Secretariat and at the Community Law Centres and disclosed on the webpage of the GoJ, the Investor and the LGA if any. The results of its implementation will be monitored at least once a year by the panel of experts and the monitoring report publicly disclosed. Management of the GRM The GRM will be managed by the Community Law Centers (CLC) in close collaboration with the traditional authorities. The task of the CLC with regard to the GRM is to:  Inform affected people and other stakeholders about the GRM2;  Register grievances;  Assess grievances and their merits; 2 Not normally a task undertaken by the CLC’s but it can be organised if necessary. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 45 | P a g e  Document agreements reached by the parties including signed MOU’s between the parties3  Communicate the decisions to the Claimants;  Ensure that all notices, forms, and other documentation required by the claimants are made available in local language understood by people and  Ensure documentation of all received complaints and the progress of remediation. If the proposed solution is not accepted by the complainant, he or she (or a group of people, if it involves more than one person) can take their grievance to the Alternative Dispute Resolution Committee of the relevant LGA, which seeks to analyse the case and propose its solution within a further 60 days. Table 8 below outlines the key steps: Table 4 Key steps of the Grievance Management Process Step Description Timeline 1 Receipt of the grievance 1 Day 2 Completion of the grievance form (see Annex 2) 3 Entry of the complaint into the grievance database 4 Sending an invitation letter to the respondent 5 Opening a file 6 Discussion and resolution of grievance 1 week 7 Signing of MOU between the parties and/or preparation of a referral letter to the court in the event the dispute is not resolved 1 week Note At any stage in the process, the parties can withdraw Source: Justice Sector Law Reform Commission Alternative Dispute Resolution The ADR is a mechanism for which CLC’s have been established by the Justice Sector & Law Reform Commission to independently and impartially resolve grievances through mediation or any other available dispute resolution mechanism (negotiation, conciliation or arbitration). In line with international best practice, the GoJ commits to assure a consultation process that is free of intimidation or coercion and provides timely disclosure of information that is relevant, understandable and accessible. It endeavors to assure that consultations are undertaken in ways that give affected communities, households and individuals opportunities to express their views, and to consider and respond to these views, to the extent possible. Key Consultation Avenues i. Host Community Committees A Host Community Committee (HCC) shall be established in each community that is affected by physical and/or economic displacement at the time of preparing the specific RAPs. The HCC shall be comprised of representatives from different segments of the community. While the ultimate decision on selection and appointment of committee members will lie with the affected community, best practice suggests that the Committee should include: 1. Traditional Leaders of the Community 3 Note that these MOU’s are registered with the court and thus become legally enforceable. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 46 | P a g e 2. Chief Imam of the community 3. Elders 4. Youth representative 5. Women representative 6. InvestJigawa – Project Desk Officer (Secretary) The HCC and/or its members are requested to assist the RAI Committee, its sub-committees and the investor in the following tasks:  Conducting household census and asset inventory, particularly identifying and verifying ownership, particularly customary land owners/users;  Helping in publicizing the existence of restrictions once the Cut-Off Date is established;  Discussing potential resettlement site locations and visiting them during the RAP preparation period to advise on selection;  Participating in the allocation of land at resettlement sites;  Advise on resettlement site planning and resettlement housing design;  Witnessing compensation payments;  Identifying vulnerable households in the community; and  Receiving and conveying grievances. The HCC can be drafted as Ad-Hoc members to the RAI Committee or any of its sub-committees. Documentation and Reporting for Stakeholder Engagement The HCC is the primary bridge between the RAI Committee and its sub-committees and the communities. The HCC should coordinate meetings and ensure that information is transmitted to the communities and vice versa. All meetings, engagements, correspondences, etc. with the communities should be documented by the party so engaged with the community. All parties present at the meetings/engagements should sign an attendance sheet, and proceedings of all formal consultations, resolutions made and agreements reached should be recorded. Consolidated records of all consultations in the form of a matrix that includes, at a minimum: dates of key meetings, categories (and if available, names) of attendees, responsible parties, key issues and concerns, outcomes, commitments or follow-up should be filed with InvestJigawa. Community Participation Participation is conventionally divided into two dimensions; information exchange and decision making, each of which in turn has two component activities. Information exchange conventionally comprises dissemination and consultation. Decision making comprises collaboration and direct extension of choice to affected individuals, households, or communities. Participation includes, on this view, four levels or types of activities:  “Dissemination” refers to the one-way transfer of information, in this case, from the consultants to the affected population. Providing early and accurate information to PAPs allays fears, dispels misconceptions, and builds trust, providing a foundation for collaboration between PAPs and the implementing partners. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 47 | P a g e  “Consultation” refers to two-way transfer of information or joint discussions. Systematic consultation implies a sharing of ideas. Experience shows that consultation often yields the best resettlement alternatives, fruitful procedures for continued participation, and independent information on actual conditions or implementation.  “Collaboration” refers to joint decision making through membership in committees, tribunals, or other formal or informal bodies. The PAPs and their representatives not only are consulted but also have a voice in decision making.  “Extension of choice” refers to the transfer of decision making power to the people affected (for example, providing PAPs with options for their relocation and livelihood rehabilitation, from among which they choose). Plan for Future Consultations and Communication Consultation will continue before, during and after implementation of an investment. The State and Local Government committed to provide and assure that the investors provide relevant materials in a timely manner prior to consultation and in a form and language that are understandable and accessible to the groups being consulted. The requirements and phasing of consultations are as follow:  Consultation on the finalization of the Jigawa FRILIA to include: o Circulation of the draft Framework for comments toll relevant institutions o Organization of public stakeholder workshops and comments incorporated in the final FRILIA document o Public disclosure of Final RFP to the public including a summary in Hausa and Fulfulde.  During the preparation of individual RAPs o PAPs, groups and communities will be consulted and informed about their rights and entitlements with respect to their range of impacts o Cut-off date should be announced to the community at the end of the census exercise to avoid opportunistic entrants into the land. o Consultation on important issues such as replacement value, livelihood restoration measures, vulnerable group, etc.  During the Implementation of RAPs o PAPs will be informed about the date/schedule of resettlement/compensation o They should be involved in site selection, screening and planning for land and housing compensation o PAPs should be notified on the start off time of construction to enable them relocate their assets early and without losses  During completion audit of the RAP o PAPs will be consulted to assess the condition of their livelihood prior and after the implementation of the RAPs. This will take place 6 months after the taking of land. Two or more ways are suggested for meaningful engagements with the PAPs. The first is to use the existing recognized traditional structure in which consultations are conducted through the village/community leadership. This form of engagement is widely acceptable and an easy way to reach a community based on the existing traditional governance structure. The use of social gatherings such as mosques will also be important for dissemination of information to PAPs, and to conduct targeted consultations on specific topics such as gender. This also allows room to give a voice to migrant Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 48 | P a g e farmers, Fulani and landless farmworkers. To do this effectively, the attendance records of the various groups having phone numbers and contacts will be used to call or reach out to PAPs, including coordinating them for group meetings as and when necessary. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 49 | P a g e 9. RESETTLEMENT SITES DEVELOPMENT In case the investment requires the physical relocation of houses, the GOJ acquires the land and develops resettlement sites in line with applicable national standards for residential areas and international good practice. Sufficient space is allocated to streets, public squares, buildings and other public infrastructure (about 20% of the total residential and commercial space). Infrastructure such as roads, water, electricity, waste management and telephone systems that might exist prior to resettlement in the project-affected communities are appraised as part of the compensation process and will be re-established based on compensation payments defined in the relevant RAP. Roads and Streets Transportation infrastructure on resettlement sites are subject to national regulations and are expected to have the following characteristics:  Access roads: laterite roads passable in all seasons, at least 10m wide.  Internal streets: laterite roads passable in all seasons, at least 6m wide.  Run-off water collection and erosion control to be accorded high attention, particularly during the first years after resettlement. Utilities and Waste Management An adequate potable water supply is established in resettlement communities, based on either a piped scheme with stand taps, or drilled boreholes with hand pumps. The design for drinking water supply is based on an average consumption per individual of 50 liters per day in line with international minimum standards and in line with WHO quality standards4. Water access points are located no farther than 0.5km to the houses they serve, to the extent practical. The best-suited option is outlined in the site- specific RAP that is developed for each project-affected community. Consideration is given to the following in designing water supply systems:  Outcomes of community consultation processes.  Service at original site.  Population and consumption requirements of the community.  Ground water availability at resettlement site. Good practice requests that the GOJ (re)establishes the water infrastructure in the resettlement site but the resettled PAPs have to cover the cost of operating and maintaining these facilities. This message is disseminated clearly from the very beginning of the resettlement process so that communities can organize themselves in this regard. This organization is usually best done through the establishment of a Water Users’ Committee, which is the formal custodian of the facility on behalf of its owner, the community as a whole. Sanitation facilities at resettlement sites include:  Ventilated Improved Pit latrines  A run-off water collection system, with erosion control devices and sediment traps if needed. In respect of solid waste, residents are encouraged to set up a committee to manage the cleaning of public spaces in the resettlement site, the establishment of a designated dump, the establishment of 4 http://www.who.int/water sanitation health/publications/dwq guidelines/en/ Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 50 | P a g e intermediary collection points if necessary, and the management of the whole system. The committee should be encouraged to collect a small fee to be able to perform its duties. Public Structures Schools, health facilities markets, communal buildings are built in resettlement communities in compliance with applicable national standards and if existing neighboring schools or health centers cannot absorb the additional population moving into the neighborhood as a result of the resettlement. The GOJ can also enhance the capacity of existing facilities rather than creating new ones, if this is possible. Any new facilities are planned through consultations with community members and LGAs to meet the needs and development objectives of the community. GoJ and the LGAs ensures that resettled people have equal or improved access to public services, and that relevant service standards are met and that a new facility is only built when the relevant authorities committed to provide staff and operating costs for such facility. Cost of Logistics Based on the total compensation agreed, the investor pays an additional 2.3% to cover resettlement and logistics costs. This amount is placed in an escrow account controlled by InvestJigawa, MOL and the Investor. Payments are disbursed for expenses approved by the LUA Committee. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 51 | P a g e 10. LIVELIHOOD RESTORATION Livelihood restoration programs are implemented by the GOJ for people and households who are economically displaced by the investment to ensure that their livelihoods are improved or at least restored. The main livelihood restoration program is obviously the provision of replacement land either as Contract Farmer or as independent farmer as well as training in irrigation agriculture. The Livelihood Restoration Committee (LRC) and the panel of experts monitor livelihood restoration programs and make changes as necessary to ensure that the programmes provide the expected benefits. Livelihood restoration packages are available to each economically displaced household, including:  An agricultural enhancement package incl. agricultural training,  An income generation package to be determined by the LRC under three broad categories.  Agricultural enhancement package  Income generating activities (more intended for women) such as food-processing, catering or sewing  Vocational training/scholarships (more intended for youth). Eligibility Each economically displaced household (including households that are both physically and economically displaced) is eligible to income generation packages for each household member between 15 and 50, retirement allowance for people above 50 years and scholarships for household members below 15 years. For all programs, eligibility is subject to formal voluntary enrolment. Households who neglect to enroll are not eligible. Eligibility is subject to additional conditions, as follows:  Sustained attendance on the courses;  Use of allocated benefits (such as equipment or fertilizers) for the intended purpose;  Participation in a group, particularly for the income generation, where some benefits (training) will be delivered only to groups. Households, who do not meet these conditions from eligibility may therefore be excluded, subject to adequate notice and consultation with the household themselves and the relevant Resettlement Committee. Agricultural Enhancement Package The agricultural enhancement package is provided by the investor to restore or improve those household income streams that are based on subsistence agriculture and to provide the affected people with access to benefits from enhanced land productivity whether they have opted to become Contract Farmers or remain independent farmers on replacement land. The livelihoods of the overwhelming majority of economically displaced households are dependent upon agriculture and transhumant in varying proportions. Therefore, all economically displaced households are eligible for this package. The agricultural enhancement package include:  Support to land replacement per provisions in the Entitlement Matrix.  A practical training course on irrigated agricultural techniques, which includes the use of water management, improved seed varieties, fertilization, small-scale irrigation, animal traction, other equipment, and post-harvest grain storage and conservation. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 52 | P a g e  Eligibility for micro-finance funds to invest in farm equipment, with final selection based on fulfilment of selection criteria established by a participating bank or NGO.  Facilitation of access to farming inputs, including fertilizers and improved seeds.  Extension services and related monitoring until the panel of experts determines that livelihoods have been sustainably restored. Income Generation Packages Eligibility is subject to voluntary enrolment and participation in a group of beneficiaries, whether formal or informal. Other conditions include:  Sustained attendance to training courses;  Use of the allocated benefits for the intended purpose;  Preparation of gardens including identification of a suitable piece of land, soil preparation, construction of a basic water supply and storage facility, and of a fence, with agronomist’s guidance. Benefits are allocated to individuals meeting eligibility conditions, as follows:  Fence (based on one hectare per household);  Facilitation of access to farming inputs, including fertilizers, improved seeds and treatment products.  Training course and periodic refreshers over three years, including both technical (use of improved techniques, spacing, plant protection, water needs and irrigation, processing and marketing) and business aspects (business planning, keeping records, marketing);  Small equipment, including for example mesh fence in reasonable quantity, hoes, spades and similar small equipment. Vocational Training/Scholarships Eligibility is subject to voluntary enrolment and sustained attendance to the selected curriculum for its whole duration. Scholarships are intended to cover the cost of training (tuition fees and any equipment to be provided by the trainee) and part of the cost of accommodation during the training if the training is held in a location different from the usual residence of the trainee. Eligible curricula are determined in liaison with training institutions. Various curricula are available at reputable Public and Private owned institutions running between 6 and 12 months in duration. Tuition fees are to be paid directly to the training institution, according to a mutually agreeable schedule of payment. Where required, the accommodation allowance is preferably paid directly by the investor to the person or business providing accommodation, or directly to the trainee in instances where the latter proves impractical. Irregular attendance or disciplinary issues may result in the discontinuation of the support. Eligible curricula will vary, but may include (tentative list):  Construction related training: carpentry, masonry, electricity, plumbing;  Welding;  Catering and hospitality;  Sewing and tailoring;  Agricultural training;  Auto Repair Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 53 | P a g e  Tricycle Repair Linkage with Broader Social Development Activities Restoration of livelihoods per activities described above is a commitment to all PAPs and to PAPs only. PAPs will in addition be able to participate in other social and economic benefits of the investment, particularly the following:  Sublease a farm to work as Contract Farmer for the investors  Micro-credit and small enterprise development.  Income-generating activities, including agriculture improvement programs.  Health services, outreach and education.  Capacity building and education. Livelihood Restoration Sub-Committee The Livelihood Restoration sub-committee under the RAI Committee would have the responsibility of ensuring delivery of livelihood restoration. Based on the description of the livelihood restoration programme provided above, the broad mandate of the committee would be the following:  Minimize the economic dislocation of the project affected persons.  Assess the impact of resettlement on the livelihood of the affected persons.  Streamline the empowerment programs of MDAs to support the affected persons after relocation.  Coordinate programmes of donor agencies and CSR of investors to support livelihood restoration programmes for the affected persons Membership 1. Director General – InvestJigawa - Chair 2. Surveyor General – Ministry of Land 3. Director Regional Planning – Ministry of Land 4. Director Irrigation - Ministry of Agriculture 5. Director Planning – Ministry of Environment 6. Director Citizens Rights – Ministry of Justice 7. Director Industry – Ministry of Commerce 8. Director Women’s Affairs – Ministry of Women’s Affairs 9. Director Planning – Ministry of Budget and Planning 10. Director Community Development – Ministry of Local Government 11. Director Hydrology – Ministry of Water Resources 12. Director Primary Healthcare – Ministry of Health 13. Director Empowerment – Ministry of Empowerment 14. Director Enrolment – SUBEB 15. Legal Adviser – InvestJigawa (Secretary) Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 54 | P a g e 11. IDENTIFICATION AND SUPPORT TO VULNERABLE HOUSEHOLDS Identification of Vulnerable Households Studies suggest that the following vulnerable groups can be found in the project region: Fulani: The Fulani are traditionally nomadic, pastoralist trading people. They herd cattle, goats and sheep across the vast dry hinterlands of their domain, keeping somewhat separate from the local agricultural populations. The Fulani in Nigeria have often requested the development of exclusive grazing reserves, to curb conflicts. Discussions among government officials, traditional rulers, and Fulani leaders on the welfare of the pastoralists have always centered on requests and pledges for protecting grazing spaces and cattle passages. Recent developments in Nigeria (the ranching agenda and the creation of a Federal Ministry of Livestock) will, perhaps, provide an overarching framework for resolving the farmer/herder crises. In the meantime, this Framework will ensure traditional pastoralists are catered for within areas earmarked for large scale agricultural investments. Households with low income: Low income households have fewer resources to cope with change, they are less likely to have savings and access to credit and more likely to have lower education levels. This category also includes orphans, who on the basis of their circumstances lack financial and moral support of their parent(s). Physical /mental health and disability: Disabled people are vulnerable in terms of participation in decision-making and access to employment opportunities. Disabled people may also experience varying levels of social exclusion and community marginalization. Commonly rural societies have found a way to integrate them into their daily routines, but tend to neglect the specific needs of people with special challenges in situations of stress such as physical and economical displacement. People with no legalisable land titles: In the project area those could include households who are affected by the project but whose ownership or usufruct rights are not recognized under the customary system, thereby putting them at risk of not receiving compensation (this may include mobile Fulani, informal tenants and sharecroppers, and other bona fide occupiers with no legal recognition/squatters). Elderly: Experience shows that elderly people commonly face problems in coping with involuntary changes and/or adapting to new situations. They often require special care and support in adapting to new environments and livelihood patterns. Potential Assistance Activities to Vulnerable Households Assistance to vulnerable households affected by land acquisition and resettlement includes the following measures:  Identification of vulnerable households and identification of the cause and impacts of their vulnerability, either through direct interviews by the investor, social worker of the LGA together with the Resettlement Committee.  Identification of required additional assistance at the various stages of the process: negotiation, compensation, moving.  Monitoring and continuation of assistance after resettlement and/or additional compensation, if required.  Other specialized assistance, depending upon vulnerable households’ requests and needs. Specifically, identified vulnerable people are assisted in the moving process by providing them with transport services (their personal belongings are transported in vehicles to the resettlement site). Vulnerable people are also specifically assisted through the impact identification (census) and Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 55 | P a g e compensation processes. Experience has shown that cooperation with Resettlement Committees was key. Monitoring of Vulnerable Households The Livelihoods Restoration Committee will assess the progress of assistance to vulnerable households during the resettlement process. Key information that is to be gathered and reported internally includes the following:  Total number of identified vulnerable households per RAP  Case-by-case census of vulnerable households  Type(s) of vulnerability  Type(s) of assistance provided  Efforts to restore livelihoods, social networks and standards of living  Vulnerable households who have been unable to restore livelihoods, social networks and/or standard of living Gender Issues The GoJ and the LGAs are committed to ensure gender equity in entitlements and benefit sharing in line with international standards and religious provisions. The RAPs must incorporate measures to ensure that women and men receive equitable compensation for assets and share equitably in the related livelihood support programs. The issue will be addressed in full detail in the RAPs and will comprise the following:  Including women in the planning, decision-making, and compensation process during the resettlement of communities.  Promoting women’s and girls’ economic rights and opportunities through programs that build their capabilities and help them to build their livelihoods.  Ensuring that essential public services like health and education benefit women, men, girls and boys equitably.  Supporting vulnerable households, particularly female-headed households and widows, throughout the resettlement process.  Collecting and analysing gender-disaggregated data in the Impact Zone.  Ensuring that women’s rights are protected in particular with regard to compensation for assets and ownership of property. The following steps will be implemented by the Ministry of Women’s Affairs to ensure gender equity in compensation and resettlement processes include the following:  Consult separately with women when making decisions about where resettlement communities will be located, how houses will be designed (especially kitchens) and how the location meets needs like access to resources (such as water or fuel), which might be particularly important for women.  Ensure that women are represented on all decision-making committees if acceptable.  Ascertain ownership of affected assets in a manner that is sensitive to the rights of women if this is acceptable. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 56 | P a g e  In situations where the inventoried head of household would decease between the census and the actual compensation, restrict eligibility to those household members that were identified at the Cut-Off Date, review the situation following traditional succession rules, involve the relevant resettlement committees, and ensure that the outcome is not disproportionately detrimental to female members of the household  Take account of gender in livelihood restoration packages.  Categorize female-headed households as vulnerable. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 57 | P a g e 12. MONITORING AND EVALUATION Monitoring of land acquisition, resettlement and compensation activities is conducted both internally and externally.  Internal monitoring focuses on inputs and outputs. Internal monitoring uses indicators built in the management systems of the various action (particularly progress indicators) and replicate socio- economic surveys conducted in preparation of the investment specific RAPs.  External monitoring focuses on processes and outcomes. It uses the findings of internal monitoring and is also based on separate, external investigations. External monitoring consists of periodic monitoring, and completion audits for each successive phase of land acquisition, resettlement and/or compensation. Best practice suggests that external monitoring findings are disclosed to external stakeholders. Internal Monitoring The internal monitoring conducted by the M&E Unit of the Ministry of Land5 addresses a range of input and output indicators pertaining to the following aspects:  Progress monitoring (compensation, land acquisition, construction, livelihood restoration activities);  Technical monitoring of resettlement sites: supervision of plant, infrastructure and housing construction where relevant, commissioning and testing of the technical components of resettlement housing, monitoring of the effectiveness of water supply, waste management, power supply, erosion, and condition of houses and infrastructure;  Social and economic monitoring:  Cost of housing and agricultural land, potential land speculation, etc,  Percentage of compensation spent on productive assets, environmental and health standards, livelihood restoration including agriculture, small businesses, employment and other activities.  Monitoring of Vulnerable People,  Grievance Monitoring: Monitoring of the effectiveness of the grievance management system as well as using an ongoing analysis of grievances as a form of feedback on the social performance, in an effort to detect and prevent the development of grievances into broader or more acute problems or conflicts. Indicators and Frequency of Internal Monitoring and Reporting During the active phase of land acquisition, the Ministry of Land monitors and reports internally on several indicators on a biennial basis. Findings are benchmarked against baseline studies done before the land acquisition of the individual investments as part of the RAP. Key progress indicators are measured internally and the data collected are reported in an annual monitoring report, and can be reported internally on a more frequent basis if warranted. Progress Indicators:  Amount of land affected.  Numbers of households and individuals economically and/or physically displaced.  Number of farmers who have requested replacement land and number of farmers that want to become Contract Farmers. 5 To be created Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 58 | P a g e  Number of resettlement houses completed, sites acquired, house designs accepted, construction completed, titles provided, houses taken possession of by resettled people.  Grievances (open, pending, closed).  Number of grievances by severity; average number of days for resolution.  Amounts of compensation paid per category (structures, land, crops, others).  Inflation rates (via monthly market survey).  Stakeholder engagement activities designed to ensure that the population is consulted. Repeat socio-economic surveys are undertaken as determined by the panel of experts to provide data for the completion audit. These surveys capture socio-economic quality of life indicators (see below) and livelihood restoration indicators. Questionnaires used in replicate surveys are consistent with those used to describe the baseline situation during the elaboration of the investment specific RAP to allow for comparisons. At a minimum the baseline studies and monitoring shall include the indicators outlined in the Table 6 below: Table 5 Project Monitoring Indicators Category Impacts Monitoring indicators Land  Land owners losing permanent land  Tenants losing land  Squatters losing land for agriculture  Disputes over land compensation  Proportion of PAPs with registered land title  % of land owners that received land for land compensation  No. of landless PAPs  No of grievances received on account of land acquisition  No of people economically worse-off due to land take Improvements on Land  Residential building  Business building  Economic trees  No. and % of PAPs received compensation for economic trees  No. and % of PAPs that received moving assistance  No. of complaints from compensation or omission  Change in the standard of housing and living condition  % of PAPs that received compensation prior to displacement Livelihood  Loss of farm/agricultural crops  Loss of pastoral ground and income  Loss of ground for hunting, fishing, logging and artisanal mining  Loss of employment  Loss of land-based wage  Loss of business/trading  Restriction to common natural resources  % of PAPs that are Contract Farmers  % of PAPs that changed livelihoods  % of PAPs in new livelihoods that have improved living condition  % of PAPs that received disturbance allowance  % of vulnerable PAPs that were rehabilitated Sensitive cultural preserves  Loss of shrines/sacred places, grave yards  Loss of historic cultural grounds and forest reserves  No of shrines/sacred places, grave yards displaced  No of shrines/sacred places, grave yards relocated or compensated for  No of complaints received on the account of displaced shrines, grave yards, sensitive cultural grounds Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 59 | P a g e External Monitoring The RAI Committee shall ensure that an annual review assessment of compliance and impact is carried out by external experts based on this Framework. The objectives of these reviews are:  To assess overall compliance with the investment specific RAP, this Framework and other commitments related to mitigation of physical and economic displacement.  To assess the extent to which the quality of life and livelihoods of affected communities are restored and enhanced.  To provide recommendations to improve RAP implementation and address any gaps.  To determine when the Completion Audit will take place. Any outstanding issues, shortcomings or oversights identified in these external monitoring reports are fed into follow-up actions and, if longer term in nature, the following year’s Work Plan of the investor. As these activities are follow up actions to the land acquisition for specific investments, all costs shall be covered by the relevant investor. Completion Audit The purpose of the Completion Audit is to verify whether the individual investor has complied with the commitments defined in the investment specific RAP, this Jigawa FRILIA and more generally with the RAI Principles. The Completion Audit ascertains if livelihood restoration as well as restoration of housing is complete for physically and economically displaced communities and whether for the majority of Contract Farmers the decision to give up their private landholdings to become sub-lease farmers worked out economically. The audit is undertaken after all RAP mitigation measures and inputs – including compensation and development initiatives – are complete. The timing of the audit should allow time for corrective actions, if any, as recommended by the auditors and repeated until the findings suggest that the investor has complied with all commitments made in the investment specific RAP. Completion audits typically take place three years after resettlement impacts and might need to be repeated to inform whether the suggested corrective actions were successful. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 60 | P a g e ANNEX 1: RESETTLEMENT ACTION PLANNING This FRILIA Framework addresses the displacement risks of large scale agribusiness investments at a generic level, while the detailed impacts of each investment will be identified and addressed through a separate RAP to be prepared by the investor. These individual RAPs must be consistent with this Framework and validated by the affected people and the Jigawa State Government and implemented before the commencement of any civil works. In preparation of the RAP the investor shall conduct a socio-economic survey for the land earmarked for investment including the buffer zone i.e. the project land as well as the impact land. The purpose of the socio-economic study is to collect baseline data (census and asset inventory) from the owners and users of all affected fields, grazing areas and other affected lands and resources as well as of the owners and users of all buildings and improvements in the footprint of the investment and its buffer zone. It shall be conducted along with the EIA. The socio-economic study is based on stakeholder engagement and provides baseline information on the number of affected people and households as well as their livelihoods and income streams incl. an assessment of all affected assets and access to assets). The socio-economic survey need to be conducted for each affected household in the impact zone and should provide the following information: The RAP shall cover the elements below Project Description Contains a detailed description of the component and identification of the project area.  The project land and other subcomponent or activities that give rise to resettlement;  The impact zone of the project; Identification of Impacts The intention is to identify and minimize potential impacts and disruptions. Impacts may include: residential relocation, business relocation, business loss, agricultural loss, crops, trees) by component area, with assessment of severity of loss on family income The alternatives considered to avoid or minimize resettlement are detailed and the mechanisms established to minimize resettlement, to the extent possible, during project implementation are described Resettlement measures A description of the packages of compensation and other resettlement measures that will assist each category of eligible displaced person to achieve the objectives of this Framework. In addition to being technically and economically feasible, the resettlement packages should be compatible with the cultural preferences of the displaced persons, and prepared in consultation with them. The resettlement measures will cover both physical relocation and economic dislocation. In the latter case, the presentation will detail the measures and associated support that will be put in place to restore PAP livelihoods to at least their pre-project levels. Site selection, site preparation, and relocation: When physical relocation is involved, alternative relocation sites are to be considered and an explanation of those selected provided, including:  Institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 61 | P a g e factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources;  Measures necessary to prevent land speculation or influx of ineligible persons at the selected sites;  Procedures for physical relocation under the project, including timetables for site preparation and transfer; and  Legal arrangements for regularizing tenure and transferring titles to resettlers. Housing, infrastructure, and social services: When physical relocation is involved, plans to provide (or to finance resettlers' provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services); plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities. Community participation Involvement of resettlers and host communities  A summary of the views expressed and how these views were taken into account in preparing the resettlement plan;  A review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individuals families or as parts of pre-existing communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centres, cemeteries). Integration with host populations Where physical relocation to new communities is required, measures to mitigate the impact of resettlement on any host communities, including  Consultations with host communities and local governments;  Arrangements for prompt tendering of any payment due the hosts for land or other assets provided to resettlers;  Arrangements for addressing any conflict that may arise between resettlers and host communities; and  Any measures necessary to augment services (e.g., education, water, health, and production services) in host communities to make them at least comparable to services available to resettlers. Implementation schedule An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosts and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project, specifically how resettlement activities will be completed (and certified as completed) before the civil works are initiated. Costs and budget Tables showing itemized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 62 | P a g e ANNEX 2: SOCIO-ECONOMIC STUDIES Socioeconomic studies The findings of socioeconomic studies to be conducted during project preparation and with the involvement of potentially displaced people, including the results of a census survey covering:  Current occupants of the affected area to establish a basis for the design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance  Standard characteristics of displaced households, including a description of production systems, labour, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population;  The magnitude of the expected loss--total or partial--of assets, and the extent of displacement, physical or economic;  Information on vulnerable groups or persons for whom special provisions may have to be made; and  Provisions to update information on the displaced people's livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement.  The patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project;  Public and communal infrastructure and social services that will be affected; and  Social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g., community organizations, ritual groups, nongovernmental organizations (NGOs)) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 63 | P a g e Socioeconomic Studies Sample Questionnaire: JIGAWA RESPONSIBLE AGRICULTURE INVESTMENT SOCIO – ECONOMIC SURVEY Household Questionnaire Time started…………………………………Date…………………………………. SECTION A: GENERAL INFORMATION 1. Name of Household Head ………………………………………………………………………………….Age…………. 2. Phone No:……………………………………………………………………………………………………………………………. 3. Gender: Male; Female 4. LGA……………………………………………………………………………………………………………………………………… 5. Village/Community:…………………………………………………………………………………………………………….. 6. Type of Location: Urban; Rural 7. Distance to LGA Headquarters (Kms):………………………………………………………………………………….. 8. Group(s) affiliated:……………………………………………………………………Group Phone no……………….. 9. How many people are in the Hhd? ……………………………………………………………………………………… 10. How many adults? Total…………………………Males……………………Females……………………….. 11. How many children? Total…………………………Males……………………Females……………………….. 12. Respondent’s economic activities: 1= Crop production 2= Dairy production 3= Traditional sedentary livestock production 4= traditional poultry production 5= Nomadic livestock production 6= Agricultural processing 7= Agricultural marketing 8= Non-agricultural trading 9= Fishery/capture fisheries 10= Hunting & gathering 11= Handicrafts 12= other (specify) 13= No economic activity SECTION B: INFORMATION ON FARMING ACTIVITIES Section B1: Livestock Production 13. If respondent breeds livestock/animals indicate which of the following(tick) Number Number sold past year Average Price (N) Cattle Sheep Goat Chickens Guinea fowl Ducks Pigeons Section B2:: Crop Production 14. If crop farmer, indicate type of farming (tick): Rainfed; Irrigation 15. If irrigation, what method?(tick) Shadoof; Wash-bore pumping; Surface water pumping; Other (specify) 16. Method of land preparation (tick): Manual; Animal power; Mechanical Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 64 | P a g e 17. Where do you carry out your farming? Farm Size (ha) How much is cultivated(ha) Distance from home (km) Own farmland Borrowed farmland Hired farmland Others (specify) 18. If farmland is owned, by what means did you own it? Inheritance; Purchase; Allocated by Community; Allocated by LGA; Allocated by State Government; Other (specify) 19. For the owned land, what title do you hold for it? State C of O; Local Government R of O; Community/Traditional title; No title; Other (specify) 20. If (respondent is) crop producer, indicate crops normally grown from this list: (tick) Grains: Rice Maize Sorghum Millet Land size (ha)? Qty produced (100-kg-bags)? Legumes: Cowpea Groundnut Soyabeans Seasame Land size (ha)? Qty produced (100-kg-bags)? Tubers: Sweet Potato Cassava Irish Potato Yam Cocoyam Land size (ha)? Qty produced (baskets)? (Heaps) (Heaps) Fruits: Dates Mango Guava Citrus Pawpaw Cashew Banana Land size (ha) Qty produced (100 fruits)? (bundles) Vegetables: Tomato Pepper Okra Onions Garden Egg Water Melon Egusi Land size (ha)? Qty produced (baskets)? (Heaps) Lettuce Carrot Cabbage Zobo Alleyefu Land size (ha) Qty produced (baskets)? (100kgbags) 21. Method of cropping?(tick) Mono-cropping; Mixed-cropping 22. If Mixed-cropping, state crops and pattern: 23. Total sales value of crops in the past year? (Naira) 24. Who controls the income obtained from the sale of farm produce? Husband; Wife; Husband and wife; Son; Daughter; Other (specify) Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 65 | P a g e Section B3: Three Most Important Crops Cultivated. Note that if respondent indicated Rice among the crops he grows then it (Rice) will automatically be the Crop 1 in Q25 – Q35 and only 2 (two) other most important crops will be asked for. If he does not grow Rice, then in Q25 – Q35 he should indicate his 3 (three) most important crops among all the crops he grows. 25. What are the three crops that you cultivated this past year that you consider most important? S/n Crop 1. 2. 3. 26. What seeds did you use in the most recent past season? (tick) Crop 1: Seed Type Improved variety Local variety Hybrid Seed Qty (kg) Seed Price/kg Source Government Seed Company Seed Retailer Farmer Group Own Harvest Government Seed Company Seed Retailer Farmer Group Own Harvest Government Seed Company Seed Retailer Farmer Group Own Harvest Crop 2: Seed Type Improved variety Local variety Hybrid Seed Qty Seed Price Source Government Seed Company Seed Retailer Farmer Group Own Harvest Government Seed Company Seed Retailer Farmer Group Own Harvest Government Seed Company Seed Retailer Farmer Group Own Harvest Crop 3: Seed Type Improved variety Local variety Hybrid Seed Qty Seed Price Source Government Seed Company Seed Retailer Farmer Group Own Harvest Government Seed Company Seed Retailer Farmer Group Own Harvest Government Seed Company Seed Retailer Farmer Group Own Harvest 27. Do you use manure on your farm(s)? Yes; No 28. If yes, what quantity? 29. What type of other inputs did you use? Crop 1: Input Source Qty (kg) Unit Price (N) Fertiliser: NPK (bag) Urea (bag) Herbicides (ltr) Field Pesticide (ltr) Storage Pesticide (ltr) Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 66 | P a g e Crop 2: Input type Source Qty Unit Price Fertiliser: NPK (bag) Urea (bag) Herbicides (ltr) Field Pesticide (ltr) Storage Pesticide (ltr) Crop 3: Input type Source Qty Unit Price Fertiliser: NPK (bag) Urea (bag) Herbicides (ltr) Field Pesticide (ltr) Storage Pesticide (ltr) 30. How do you carry out your farming activities'? Crop 1: Activity Hired labour Family labour Social Group No. Days Rate/man/day (N) No. Days No. Days Land Clearing 1st 2nd 3rd Tilling 1st 2nd 3rd Planting Fertilizer appl. Spraying Weeding 1st 2nd 3rd Hrvestng/Threshg Drying Bagging Transporting Storage Crop 2: Activity Hired labour Family labour Social Group No. Days Rate/man/day (N) No. Days No. Days Land Clearing 1st 2nd 3rd Tilling 1st 2nd 3rd Planting Fertilizer appl. Spraying Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 67 | P a g e Weeding 1st 2nd 3rd Hrvestng/Threshg Drying Bagging Transporting Storage Crop 3: Activity Hired labour Family labour Social Group No. Days Rate /man/day(N) No. Days No. Days Land Clearing 1st 2nd 3rd Tilling 1st 2nd 3rd Planting Fertilizer appl. Spraying Weeding 1st 2nd 3rd Hrvestng/Threshg Drying Bagging Transporting Storage 31. To what extent is your need for support in the following aspects of your farming activities? (Rank the need = 1 if at highest and rank the need = 5 if at lowest) 1 2 3 4 5 Inputs supply Production Technologies Storage/Handling Processing Marketing 32. Have you received any extension services and/or training in the past 12 months? Yes; No 33. If yes, from who? Government Agency; Research Institute; IDP project; NGO; Other (Specify) 34. If yes, do the extension services address your needs? Yes; No 35. How do you perceive the importance of the following problems with respect to your farming activities? Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 68 | P a g e Unimportant Important Very important Inadequate extension services Lack of credit Inadequate infrastructure Inputs supply Lack of market access 36. Do you think big commercial crop production activity in your area will be beneficial? Yes; No 37. If no, why? 38. If yes, what benefits do you expect to accrue to your community? Jobs; Ready market for farm products; Improved infrastructure; Improved methods/Technologies; Other (specify) 39. How do you think your area is suitable for commercial farming activity? Abundant land; Potential for irrigation; Available farm labour; Peace and security; Other (specify) Section B4: Trade and Marketing Information 40. Do you sell produce before harvest? Yes; No 41. If yes, provide quantity and price of produce sold before harvest this past year in the table below: Qty (100-kg bags) Unit Price (N/100-kg bag) Crop 1 Crop 2 Crop 3 42. Do you sell your produce after harvest? Yes; No? 43. Provide information on produce you consumed and/or sold in the past year: Qty Consumed (100-kg bags) Qty sold (100-kg bags) Where marketed Peak harvest Off- peak harvest On- farm Off- farm Unit Price (N) Distance to market (km) Transport price / 100-kg bag Crop 1 Crop 2 Crop 3 44. If you sell your farm produce off-farm, who do you sell to? Agent Retailer Wholesaler Processors Exporter Others (specify) State place of sale Crop 1 Crop 2 Crop 3 45. Who determines the price of the farm produce you sell? Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 69 | P a g e Person Crop 1 Crop 2 Crop 3 Myself Spouse (if married) Farmer Group Local Council Agent Rural /urban Traders Processors Others (specify) 46. Do you think the prices are fair? Yes No Crop 1 Crop 2 Crop 3 47. How do you transport your produce? Transport On-farm (store at home) Off-farm (market) Head Own Bicycle Own Push-cart Own Vehicle Hiring vehicle Hiring people Others – specify 48. Do you improve on the quality of your produce before you market it? Yes; No 49. If yes how? Drying; Cleaning; Other(specify) 50. How are you paid? a) Cash; b) Credit; c) Both; d) Others (specify) 51. What kind of scales or measures do the buyers use in buying your produce? 100-kg scale; Below 100-kg scale; Above 100-kg scale; Mudu; Other (specify) 52. Do you feel this is appropriate? Yes; No 53. Are you a member of a cooperative group or society? Yes; No 54. Are you willing to market your produce collectively? Yes; No 55. What benefits do you perceive from collective marketing? Better Prices; Lower cost of transaction; Ease of Transportation and Handling; Other (specify) 56. Are there any institutions supporting you in farm produce marketing? Yes; No? 57. lf yes specify who: Government Agency ; NGO; IDP Project; Private Company; Other (specify) 58. If yes, what form of marketing support do you receive? Market information/linkage; Price support; Standards/Grading; Other (specify) 59. What form of marketing support do you prefer most? Market information/linkage; Price support; Standards/Grading; Other (specify) 60. What are your sources of information for the purposes of marketing your produce? Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 70 | P a g e Type of Information Source of information About Market About Buyers About Price Others – specify 61. If your produce is not bought what do you do? Store up until eventually bought; Reduce price and sell; Keep to feed the family; Other (specify) SECTION C: STORAGE AND PROCESSING INFORMATION 62. How do you store your farm produce? Traditional produce barn (rumbu); Prefabricated mini- silo; Dump space at home; Purpose built store-room; Other (specify) 63. What is the estimated (%) storage loss per year? 64. Does processing of farm produce take place in your community? Yes; No 65. If yes, what do you process it for? Consumption only, Consumption and sell; Sell only 66. If yes, who is doing the processing in the community? Myself; Someone else; Both 67. What method of processing is used? Manual; Mechanical; Both 68. If answer to Q62 is yes, what are the by-product(s) produced from the processing? Product 1 Product 2 Product 3 Crop 1 Crop 2 Crop 3 69. What cost price do people pay to process their farm produce into different by-products? Product 1 Product 2 Product 3 Crop 1 Crop 2 Crop 3 70. If you do not process your farm produce in your community, how far away do you go to process it (km)? SECTION D: NON-FARM ACTIVITIES 71. Do you undertake non-farm activities? Yes; No 72. If yes, which type? (specify) 73. How much did you earn this past year from your non-farm activity(ies)? N……………… SECTION E: NATURAL RESOURCES AND CONFLICTS 74. What are the major natural resources available in your community? Common forests; Common woodland; Fadama (lowland floodplains); Common Grazing land; Irrigation water; Water for animals; Potable water; Other (specify) 75. Who are the major beneficiaries of these natural resources? All; Men; Women; Youth; The Rich, The Poor; People with disabilities; Other (specify) 76. Who are the least beneficiaries of these natural resources? All; Men; Women; Youth; The Rich, The Poor; People with disabilities; Other (specify) Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 71 | P a g e 77. What are the general trends in the condition of natural resources in the past 5 years? Declining The same Improving Rainfall quantity Rainfall variability Soil quality Potable water quality Forests Rivers/streams Desertification 78. Do conflicts arise among users of these natural resources? Yes; No 79. If yes, how many conflicts occurred in the last 12 months? 80. What are chief causes of conflicts on these natural resources? Unauthorised encroachment; Elite capture; Overuse; Other (specify) 81. How many conflicts were resolved in the past 12 months?..................How many conflicts that occurred in the last 12 months remain unresolved ?............................. 82. Of those resolved, what method was used? Legal Courts; Non-legal Official intervention; Police; Traditional/Communal mechanism; NGO; Other (specify) Thank you very much. Time Finished……………………………………… Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 72 | P a g e ANNEX 3: OUT-GROWER SCHEME MODELING In pursuance of its commercial agricultural agenda, the Government of Jigawa State recognizes that large scale agricultural projects, where large tracts of land are allocated to investors, may have negative impacts especially on host communities. This is because; 1. Land is a finite resource 2. Local communities can suffer socio-economic deflections where displacements are made 3. The land rights of communities is threatened 4. Displacements can give rise to increased rural – urban migration 5. Displacements have the potential of causing local social unrest In view of the above, the Government, while recognizing that large agricultural investors require security of land for commercial production, is also encouraging investors to use out-grower models side by side with their commercial projects. In this regard, the Government has developed a process for out-grower schemes in the state outlined below:. d. Out-Grower Scheme Process Step Details 1 Determination of land use for agric production by investor - Location and delineation of site - How many hectares to be used - Production size, etc 2 Determination of farmers within location - Number of communities within site (socio- economic data) - Number of farmers within communities - Agric production within communities (type of crop and production size) - Determination of population growth and development - Identification of buffer zones 3 Modeling of out-grower scheme - Developing the legal framework in consultation with various stakeholders - Modeling the out-grower scheme in consultation with all stakeholders 4 Sensitization of farming community - Sensitization campaign to explain process, benefits, requirements, etc - Facilitating the creation of registered groups 5 Signing of Agreement between investor and registered groups - Drafting of agreement - Negotiations with registered groups - Signing of agreement 6 Signing of Community Development Agreement (CDA) with communities - Drafting agreement - Negotiations with communities - Signing of CDAs 7 Monitoring & Evaluation - Continuous process Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 73 | P a g e e. Elements of an Out-grower Scheme Agreement 1. Interpretations 2. Obligations of the grower 3. Obligations of the investor 4. Assistance to the grower 5. Crop verification 6. Rotation 7. Annual return 8. Contracted hectares 9. Contract price and payments 10. Harvesting 11. Post harvest transportation and logistics 12. Consignment weight 13. Sampling 14. Monitoring of sampling 15. Actual tonnage 16. Agro-chemical use and monitoring 17. Unauthorized use of agro-chemicals 18. Complaints 19. Force majeure 20. Duration 21. Re-negotiation 22. Assignment 23. Breach 24. Step-in rights 25. Arbitration 26. Addresses for legal processes and notices 27. General f. Elements of a Community Development Agreement (CDA) An investor shall be required to negotiate with each qualified community the terms of a community development agreement, and such agreements shall include at least the following provisions: (a) the person, persons, board, committee, foundation, trust, forum, body or other entity which shall manage the agreement; (b) the person or body that represents the qualified community for the purposes of the agreement; (c) the means by which a registry of persons comprising the community will be developed, maintained and updated; (d) the means by which members of a qualified community will participate in the community’s agreement related decision-making processes; (e) the means by which the interests of women, youth, minority and marginalized groups and sub-communities of the qualified community will be represented in the community’s agreement related decision-making processes and implementation; (f) the goals and objectives of the community development agreement; (g) a community development program plan which shall include at least the following:: (i) objectives, Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA) for Agribusiness Investments in Jigawa State Draft:10th Dec 2024 74 | P a g e (ii) milestones; (iii) implementation timetable; (iv) schedule of anticipated expenditures; (v) metrics by which to measure progress; (vi) periodic reporting including actual expenditures; (vii) how the plan works in coordination with government plans, services, infrastructure and activities provided to or affecting the community; (viii) how the provision of any service provided by the investor to the community will be terminated or transferred to the community, government or other entity; (ix) how and when the plan will be periodically updated; For all agreements to be signed between the investor and communities, the Ministry of Justice shall cause the Community Law Centres to provide free legal services to the communities. This service shall include, but is not limited to; - Advice during consultations/negotiations - Interpretation/translation of agreements - Serve as Notary to the communities - Witness the signing of agreements