Kano State of Nigeria. Establishment, Adoption and Implementation of a Framework for Responsible and Inclusive Land-Intensive Agriculture (FRILIA)

1. ADOPTION OF FRILIA PRINCIPLES: This requrues adherence to core principles that mainstream international best practices, such as those based on the principles for responsible investment in Agriculture and Food Systems and related principles and guidance, into the development of agri-business in the State for sustainable economic growth and development. These include, but not limited to: a) Overarching investment will be consistent with and contribute to the policy objectives of the government. b) Transparent investment conducted, avoid or minimize land acquisitions requiring voluntary or involuntary resettlement, minimize adverse effects from land acquisition, and ensure a range of inclusive investments in consultation and participation with all potentially affected communities. c) Ensure the affected communities have opportunity and responsibiliity to make informed decisions regarding land acquisition. d) Foster gender equality and empowerment of women and youth and lastly, the investment will be monitored e) Recognize and protect land rights (including customary, informal and rights to common property resources) by safeguarding against the dispossession of legitimate tenure rights holders or partial treatment through prompt payment of adequate compensation in cash, alternative land or other forms of compensation, including supplementation livelihood restoration; and a robust and effective grievance redress mechanism that provides accessible and affordable procedures for the third-party settlement of dispute while considering the availability of judicial recourse, community and traditional dispute resolution mechanisms. f) Ensure transparent and fair state land acquisition and any resulting resettlement by disclosing and applying consistently, compensation standards as described in item No. V. Require that economic and social impacts be identified and addressed with adequate compensation, supplemental livelihood improvement/restoration, public infrastructure and community services, and option of land replacement, as may be appropriate. g) Ensure environmental and social sustainability by observing safeguards against environmental damage. Prior to approval or any final decision to proceed, investments will be subjected to independent assessments of potential positive and negative impacts on tenure rights. h) Food security, livelihood, environment, the rights and/or status of women and youth and physical cultural property. Community, individual and workers safety will be protected as well as ensuring their fair and equal treatment.

2. ESTABLISHMENT, POWERS, AND FUNCTIONS OF THE FRILIA STEERING COMMITTEE: The constitution of the high-level Steering Committee is responsible for the overall coordination of the Framework for Responsible and Inclusive Land- Intensive Agricultural Investments (FRILIA). The Steering Committee shall be chaired by the governor of the state while members include the underlisted persons • Commissioner of Land and Physical Planning • Commissioner of Budget and Planning • Commissioner of Commerce, Industry and Tourism, • Commissioner of Finance, • Commissioner of Agriculture, • Commissioner of Women’s Affairs • Commissioner of Local Government Affairs, • Commissioner of Justice, • Commissioner of Budget and Planning, • Chairman Kano Internal Revenue Service • Director General of Kano State Investment Promotion Agency, • Permanent Secretary Ministry of Agriculture as the secretary of the Steering Committee.

3. THE FUNCTION AND POWERS OF THE STEERING COMMITTEE SHALL BE TO: Ensure that agri-business investments in the state are consistent with the FRILIA principles and international best practices, including but not limited to: I. Promote transparency in agri-business investments in the State II. Promote the application of inclusive production models. III. Promote safeguards measures against dispossession of tenure rights holders. IV. Monitor the impact of agri-business investment, including the application of compensation standards. V. Promoting environmental sustainability. VI. Promote gender equality and empowerment of women and youth VII. Review land allocations made to investors and recommendations of the technical committee. VIII. Approve for adoption and review report of Grievance Redress Mechanism (GRM) IX. Approve for adoption and implementation of Framework for Responsible and Inclusive Land-Intensive Agricultural Investments (FRILIA) X. Approve for adoption and dissemination toolkits/guidelines/policies or equivalent to guide investors throughout the development of land-intensive agricultural projects in Kano State in a manner consistent with the FRILIA principles and international best practices. XI. Co-opt such other persons or create such number of committees on the recommendation of the Technical Committee as may be necessary for the execution of its functions. XII. Meet as often as may be considered expedient for the effective discharge of its functions to review the progress of the projects, investments and to consider any specific issue(s) as may be directed by the Governor. XIII. Do such other things as may be considered necessary or expedient for the performance of its functions.

4. ESTABLISHMENT, POWERS, AND FUNCTIONS OF THE FRILIA TECHNICAL COMMITTEE: The constitution of a Technical Committee to support the Steering Committee in performing its function and meeting the objectives of this Order. The Committee shall include the Commissioner of Land and Physical Planning as chairman and two representatives (one not below the rank of a director and one principal officer) of the following Ministries, Departments and Agencies: • Kano Geographical Information System Agency, • Kano Urban & Regional Planning Board, • Kano State Investment Promotion Agency, • Ministry of Commerce Industry & Tourism, • Ministry of Finance, • Ministry of Environment, • Ministry of Agriculture, • Ministry of Justice, • Ministry of Women Affairs • Ministry of Local Government & Chieftaincy Affairs, • Ministry of Budget & Planning, • Kano State Interal Revenue Services • Representaives of Civil society • Representatives of the Private sector, especially those working in the Agricultural sector, agribusiness, and other trade bodies • FADAMA, Bureau for Public Procurement, and • Director of Agricultural Services (Secretary).

5. THE FUNCTION AND POWERS OF THE TECHNICAL COMMITTEE SHALL BE TO: • Develop a framework for Responsible and Inclusive Land-Intensive Agricultural Investments (FRILIA). • Prepare an implementation plan for FRILIA. • Develop toolkit/guidelines/policies or equivalent to guide investors throughout the development of land-intensive agricultural projects in Kano State are consistent with the FRILIA principles and international best practices. • Conduct risk or benefit assessment that will assist the government in the implementation of agri-business projects particularly land-based investment. • Advise and assist the Government in creating sustainable land-use and agri business policies. • Monitor all land-based investment in the state and their compliance with FRILIA. • Assist the development of a land bank for agri-business investment in the state, in particular seeking to ensure that acquisition of land for the land bank is done in a manner that is consistent with the FRILIA principles and international best practices. • Publish periodical information on agri-business investments. • Establish a framework for community and stakeholder consultations and engagement. • Provide a monthly report to the Steering Committee. • Meet at least every month to consider reports from stakeholder, assigned tasks and any special issues(s) as may be directed by the Steering Committee. • Perform such other function as the Steering Committee may from time to time deem necessary to achieve its function.

6. ESTABLISHMENT OF A GRIEVANCE REDRESS MECHANISM: The Technical Committee shall develop effective grievance and dispute resolution processes with appropriate appeal mechanisms for claimants, landowners, host communities and investors. The mechanisms shall be consistent with the FRILIA principles and international best practices. The Secretary of the Technical Committee shall also function as the desk officer for the Grievance Redress Mechanism (GRM) on FRILIA in Kano State. The GRM will be such that it consults and make enquiries within the areas of grievance, deliberates on complaint(s)/appeal(s) within 30 days from the date of complaint with the responsible authority within the concerned Ministry, Department or Agency. The Technical Committee as part of its monthly report to the Steering Committee, will include a brief on issues/complaint(s)/appeal(s) resolved and those pending.

7. DEVELOPMENT AND ADOPTION OF FRILIA TOOLKITS/GUIDELINES/POLICIES OR EQUIVALENT: The Technical Committee as part of its responsibility, shall develop toolkit/guidelines/policies or equivalent for approval by the Steering Committee. These will guide investors throughout the development of land-intensive agricultural projects in Kano state, ensuring investors and the responsible MDAs are provided with adequate information to comply with FRILIA principles and international best practices. This shall include, but not be limited to, enabling investors and responsible MDAs to effectively engage in consultation with communities, including local land rights holders. Among other things, the toolkit/guidelines/policies or equivalent will cover the following i. Stakeholder Engagement toolkit ii. Environmental and Social Risk Management toolkit iii. Land Access, Easement and Involuntary Resettlement Management toolkit iv. Valuation and Compensation toolkit v. Global Memorandum of Understanding toolkit vi. Grievance Redress Mechanism (GRM) toolkit vii. Community Needs Assessment and Development toolkit viii. Out-growers and Food Security toolkit NOW THEREFORE I ABBA KABIR YUSUF, GOVERNOR OF KANO STATE, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED) AND THE LAWS OF KANO STATE INCLUDING BUT NOT LIMITED TO THE KANO STATE LAND USE REGULATIONS AND KANO STATE CONSOLIDATED REVENUE LAW ORDERED AS FOLLOWS

1. That it shall be Government policy to accelerate large-scale agri-business investments based on international best practices of land principles and guidelines to improve business enabling environment for economic development of the State.

2. FRILIA would address critical challenges, reforms, and investment prioritirs required in the agricultural value chains, financial sector regulatory reforms, and land reforms to facilitate agricultural and non- agricultural investment opportunities.

3. FRILIA shall specifically bridge the gap between investors and host communities, to put in place laid down procedures for investments to ensure a win-win approach to all the stakeholders as well as management of environmental and social sustainability.

4. To ensure the implementation and operationalization of FRILIA in line with the Business Enabling Reforms Action Plan (BERAP), the Government, Departments and Agencies shall collaborate to achieve the result area to remove obstacles to agribusiness investment opportunities. Therefore:

5. This order shall be implemented consistent with applicable Laws of Kano state.

6. This order is not intended to, and does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Government of Kano state, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

7. That this order shall take immediate effect. ISSUED UNDER MY HAND THIS .. (~~- DAY OF-~~--, 2024. EXECUTIVE GOVERNOR KANO STATE