Executive Order no. 9 of 2024 for the establishment, adoption and implementation of framework for responsible and inclusive land-intensive investment in agriculture (FRILIA)

document ` OFFICE OF THE GOVERNOR GOVERNOR EXECUTIVE ORDER NO.----2024 ESTABLISHMENT, ADOPTION, AND IMPLEMENTATION OF A FRAMEWORK FOR RESPONSIBLE AND INCLUSIVE LAND-INTENSIVE I N V E S T M E N T I N AGRICULTURE (FRILIA) WHEREAS, WHEREAS, WHEREAS, Abia State Government is desirous of encouraging investments in Land based agriculture through a Framework for Responsible and Inclusive Land based­ Investment in Agriculture (FRILIA). This framework will guarantee efficient land acquisition for large-scale agribusiness investments in line with established international good practices, while delivering on our commitment to shared benefits between private investors and host communities; The Government of Abia State is deliberate in its efforts to deepen its agribusiness reforms including delivering a win-win approach to all the relevant stakeholders on agricultural land matters and investment opportunities. FRILIA will enhance access to large-scale investments, gainful employment on large-scale farms, sufficient income, and protection from the volatility of agricultural labor and product markets. The Framework will ensure adherence to guiding principles covering overarching investment, recognition and protection of land rights, state land acquisition and resettlement, environmental and social responsibility, there is a need for: ADOPTION OF FRILIA PRINCIPLES I. B t h i s O r d e r , A b i a S t a t e h a s a d o p t e d t h e c o r e p r i n c i p l e s o f F R I L I A w h i c h are consistent to international best practices, such as those based on the Principles for Responsible Investment in Agriculture and Food Security in line with the State sustainable economic growth and development objectives. These principles include, but are not limited to: a. That overarching investment will consistently contribute to the government's policy objectives such as poverty eradication, food security, employment creation etc. b. That investment will be conducted transparently, minimize adverse effects from land acquisition, ensure a range of inclusive investment and production models that are subject to consultation and participation with all potentially affected communities, ensure that affected communities have opportunity and responsibility to make informed decisions regarding land acquisition, foster gender equality and empowerment of women and youth and the vulnerable while monitoring and evaluation of investing activities will be given utmost priority; c. Recognizance and protection of 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 compensations; d. Ensure transparent and fair State land acquisition and any resulting resettlement by disclosing and consistently applying compensation standards in cash, or offering of other lands. Require that economic and social impacts be identified and addressed with adequate compensation; e. Ensure environmental and social sustainability by observing safeguards against environmental damage. Before approval or any final decision to proceed, investments will be subjected to independent assessments of potential positive and negative impacts on tenure rights, food security, livelihood, environment, the rights and/or status of women and youth, and physical cultural property. Community, individual, and worker safety will be protected without discrimination ESTABLISHMENT, POWERS, AND FUNCTIONS OF THE FRILIA STEERING COMMITTEE 2. By this Order, the FRILIA Steering Committee is established. This high-level Steering Committee is responsible for the overall coordination of the establishment, adoption, and implementation of the Abia State Framework for Responsible and Inclusive Land--based investments in Agriculture (FRILIA). The Deputy Governor shall chair the Steering Committee while members shall include: Commissioners for Agriculture and Food security; Lands and Housing; Industry, Trade, and Investment. Others are: Commissioners for Finance; Budget, and Economic Planning; Works; Attorney General-Commissioner for Justice; Commissioner for Women Affairs and Social Development; Local government and Chieftaincy Affairs; Head AbiaGIS; Executive Chairman, Abia State Internal Revenue Service; Director-General, Abia State Investment Promotion Agency (ASIPA) shall serve as the Secretary 3. The functions and powers of the Steering Committee shall be to: i. Ensure that agri-business investments in the State are consistent with the FRILIA principles and international best practices, including, but not limited to: a. Promote transparency in agri-business investment in the State. b. Promote the application of inclusive production models. c. Promote safeguards measures against dispossession of tenure rights holders. d. Monitor the impact of agri-business investment, including the application of compensation standards. e. Promote environmental sustainability. f. Promote gender equality and empowerment of women and youth. g. Review land allocations made to investors on recommendations of the technical committee. h. Approve the adoption a Grievance Redress Mechanism (GRM) and review GRM reports. ii. Approve for adoption and dissemination toolkits/guidelines/policies or equivalent to guide investors throughout the development of land-intensive agricultural projects in Abia State in a manner consistent with the FRILIA principles and international best practices. iii. Co-opt such persons or create such several committees on the recommendation of the Technical Committee as may be necessary to execute its functions. iv. Meet quarterly or as it may consider expedient for the effective discharge of its functions to review the progress of the projects and investments and to consider any specific issue(s) that the Governor may direct. v. Do such other things considered necessary or expedient for the performance of its functions. ESTABLISHMENT, POWERS, AND FUNCTIONS OF THE FRILIA TECHNICAL COMMITTEE 4. By this Order, the FRILIA Technical Committee is established to support the Steering Committee in performing its functions and meeting the objective of this Order. The Committee shall include the Commissioner for Agriculture and Food security as chairman and two representatives (one not below the rank of a director and one principal officer) of the following Ministries, Departments and Agencies: Ministry of Lands and Housing; Abia State Investment Promotion Agency (ASIPA); Ministry of Finance; Ministry of Budget and Economic Planning; Ministry of Environment; Ministry of Agriculture; Ministry of Trade and Investments; Ministry of Local government and Chieftaincy Affairs; Ministry of Justice and Attorney General; Office of Surveyor General; Abia State Internal Revenue Service; Permanent Secretary Ministry of Agriculture (Secretary) 5. The functions and powers of the Technical Committee shall be to: • To support the steering committee to achieve the goals of FRILIA in the State • Develop a toolkit/guidelines/policy or equivalent to guide investors throughout the development of land-intensive agricultural projects in Abia State, consistent with the FRILIA principles and international best practices. • Conduct risk or benefit assessments to assist the government in implementing Agri business projects, mainly land-based investment. • Advise and assist the government in creating sustainable land use and agri-business policies. • Monitor all land-based investment in the State and their compliance with FRILIA. • Assist the development of a land bank for agri-business investment in the State, in particular ensuring that land acquisition for the land bank is consistent with the FRILIA principles and international best practices. • Publish periodically information on agri-business investments. • Establish a framework for community and stakeholder consultations and engagement. • Provide a monthly report to the Steering Committee • Meet at least every month to consider reports from stakeholders, assigned tasks, and any special issue(s) as may be directed by the Steering Committee. • Perform such other function as the Steering Committee may occasionally deem necessary to achieve its function. ESTABLISHMENT OF A GRIEVANCE REDRESS MECHANISM 6. The Technical Committee shall develop effective Grievance and Dispute Resolution processes with appropriate appeal mechanisms for claimants, landowners, host communities, and investors. The mechanisms shall be consistent with the FRILIA principles and international best practices. The Secretary of the Technical Committee shall also function as the desk officer for the Grievance Redress Mechanism (GRM) on FRILIA in Abia State. The GRM will be such that it consults and makes inquiries within the areas of grievance, deliberates on complaint(s)/appeal(s), appraises the complaint(s)/appeal(s) against relevant guidelines and procedures, and resolves all complaint(s)/appeal(s) within fourteen days of receipt with the responsible authority within the concerned Ministry, Department or Agency. The Technical Committee, as part of its monthly report to the Steering Committee, will include a briefing on issues/complaint(s)/appeal(s) resolved and those pending. DEVELOPMENT AND ADOPTION OF FRILIA TOOLKITS/GUIDELINES/POLICIES OR EQUIVALENT 7. The Technical Committee, as part of its responsibility, shall develop. Toolkit/guidelines/policies or equivalent for approval by the Steering Committee. These will guide investors throughout the development of land-intensive agricultural projects in Abia 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 consultations with communities, including local land rights holders. Among other things, the toolkit/guidelines/policies or equivalent will cover stakeholder engagement; environmental and social impact assessment and risk management; land access, easement, and involuntary resettlement management; gender equality and the empowerment of women and youth; valuation and compensation; Global Memorandum of Understanding; community needs assessment and development; out-growers and food security. NOW THEREFORE, I, DR ALEX CHIOMA OTTI, EXECUTIVE GOVERNOR OF ABIA STATE, BY THE AUTHORITY VESTED IN ME BY THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA AND THE LAWS OF ABIA STATE, HEREBY ORDER AS FOLLOWS: I. The Establishment of FRAME WORK FOR RESPONSIBLE AND INCLUSIVE LAND BASED INVESTMENT IN AGRICULTURE(FRILIA) as part of government policy and program to accelerate large-scale responsible investments in agribusinesses consistent with international best practices; II. Implementation of FRILIA to address critical challenges, reforms, and investment priorities in the agricultural value chains, financial sector regulatory reforms, and land reforms to facilitate farming and non-agricultural investment opportunities. III. Use of FRILIA model to deliver on the expectations of various Agribusiness stakeholders and achieve a win-win approach for all stakeholders and, ensuring sound environmental and social sustainability management . (a) The order shall be implemented in a manner consistent with the applicable laws of Abia State Dated 15tth August, 2024 Signature Dr Alex Otti: Executive Governor of Abia State ADOPTION OF FRILIA PRINCIPLES ESTABLISHMENT, POWERS, AND FUNCTIONS OF THE FRILIA STEERING COMMITTEE ESTABLISHMENT, POWERS, AND FUNCTIONS OF THE FRILIA TECHNICAL COMMITTEE ESTABLISHMENT OF A GRIEVANCE REDRESS MECHANISM DEVELOPMENT AND ADOPTION OF FRILIA TOOLKITS/GUIDELINES/POLICIES OR EQUIVALENT