Jigawa State Executive Order no. 2 of 2024 on the Establishment, Adoption and Implementation of a Framework for Responsible and Inclusive Land-Intensive Agricultural Investments (FRILIA)

OFFICE OF THE EXECUTIVE GOVERNOR GOVERNMENT HOUSE, DUTIi, JIGAWA STATE Jl9awa Slate Executive OHier No. 2 Of 2024 On lhe Ettaltllthment, Adoption, -d lmplementatlon of ,,ameworll to, Retponstltle and Inclusive Land•lntentlve A9rlcultural lnvetlmenlt (FRILIA) WNUIAS1 i. The Jigawa State Covemment (JSG), in a bid to improve the investment climate, intends to develop a FrameworR for Responsible and Inclusive Land-Intensive Agricultural Investments (FRILIA) - a "framewom" which ensures that land acquisition and resettlement for large­ scale agribusiness investment are undertaRen in line with established international good practices and guarantee shared benefits between private investors and surrounding communities. ii. The government of Jigawa State aims to deepen agribusiness reforms, including a win-win approach to staReholders on land and investment. iii. FRILIA as a frameworR aims to improve access to large-scale investment, gainful employment on large-scale forms, sufficient income, and protection from the volatility of agricultural labour and product mamets. The frameworl:? is designed to ensure adherence to principles that cover overarching investment, recognition and protection of land rights, state land acquisition and resettlement, and environmental and social responsibility. iv. To achieve the Government's objective of creating and enabling a responsible and inclusive business operating environment for large-scale agribusiness investments in Jigawa State, there is a need for the following: Page 1 of 6 A. ADOPTION OP PRILIA PRINCIPLU Adherence to core principles that mainstream international best practices, such as those based on the Principles for Responsible Investment in Agriculture and Food Systems and related principles and guidance, into agribusiness development in the State for sustainable economic growth and development. These include, but are not limited to: a. The investment plan will consistently support the government's policy objective. b. The investment process will be conducted in a transparent manner, with the aim of avoiding or minimizing land acquisitions that require voluntary or involuntary resettlement. We will also strive to minimize any adverse effects that may arise from land acquisition. In addition, we will consider a range of inclusive investment and production models and subject the investment to consultation and participation with all potentially affected communities. We will ensure that the affected communities have the opportunity and responsibility to mabe informed decisions regarding land acquisition. Furthermore, we will foster gender equality and empowerment of women and youth. Lastly, the investment will be monitored to ensure that it meets the set standards. c. Acl:mowledge and uphold land rights in the state, encompassing customary, informal, and rights to communal resources. Ensure protection against unjust land dispossession or unfair treatment by promptly offering sufficient compensat:ion in cash, alternative land, or appropriate recompense, including sustaining livelihoods. Establish a strong and efficient grievance resolution system that offers accessible and cost-effective procedures for impartially settling disputes through third-party mediation. This system should also consider the availability of legal recourse, community, and traditional conflict resolution mechanisms. d. Ensure fairness and transparency in the acquisition of state land and any resulting resettlement, it is important to disclose and consistently apply compensation standards. This includes identifying and addressing any economic and social impacts with adequate compensation, supplemental livelihood improvement or restoration, public infrastructure and community services, and the option of land replacement, as appropriate. e. Ensure environmental and social sustainability, by ta~ing measures to prevent any harm to the environment. Before any investment is approved or a final decision is made, an independent assessment will be conducted to evaluate the potential positive and negative impacts on various aspects such as tenure rights, food security, livelihood, environment, the rights and/or status of women and youth, and physical cultural property. The safety of the community, individuals, and worbers will be protected, and they will be treated fairly and equally without any discrimination. ■ -UTA■LISHMINT, POWl■S, & FUNCTIONS OF THE FRILIA STIIRING COMMITTl:11: 1. The constitution of a high-level Steering Committee responsible for the overall coordination of the establishment. adoption, and implementation of the Jigawa State Frameworl? for Responsible and Inclusive Land-Intensive Agricultural Investments (FRILIA). Page 2 of 6 2 The Covemor shall chair the Steering Committee, while the members will include, as a minimum, the Secretary to the State Government; Commissioners and Permanent Secretaries of the Ministries responsible for Agriculture; Lands, Housing, Urban and Regional Planning Development; Finance; Budget & Economic Planning; Commerce, Industry, Cooperatives & Tourism; Justice; Local Covemment & Community Development; Environment; Women Affairs & Social Welfare; and Water Resources; Others include Chairman State Internal Revenue Service and a Representative each for Jigawa State Council of Chiefs and Jigawa State Council of Utamas. The Director-General, State Investment Promotion Agency shall be a Member and Secretary of the Committee. 3. The f1111cllo■ -c1 .. .. , of the Stee,1119 Commlltff thall lte at QMclftecl In the PIILIA Dec11a1ent, lnd11.n9, ltut not llmltecl to, a. 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 investment 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. Promote environmental sustainability. vi. Promote gender equality and empowerment of women and youth. vii. Review land allocations made to investors on recommendations of the technical committee. viii. Approve for adoption a Grievance Redress Mechanism (CRM) and review CRM reports. b. Approve for adoption and implementation of a Frameworb for Responsible and Inclusive Land-Intensive Agricultural Investments (FRILIA) c. Approve for adoption and dissemination of tool~its/guidelines/policies or equivalent to guide investors throughout the development of land-intensive agricultural projects in Jigawa State in a manner consistent with the FRILIA principles and international best practices. d. Co-opt such persons or create such a number of committees on the recommendation of the Technical Committee as may be necessary to execute its functions. e. Meet quarterly or as often as may be consideroo rucpedient for the effective discharge of its functions to review the progress of the projects, investments and to consider any specific issue(s) that may be directed by the Covemor. f. Do such other things considered necessary or expedient for the performance of its functions. Page 3 of 6 C • ISTABLISHNINT, POWUS, A JUNCTIONS OJ THI FRILIA TECHNICAL / APPRWAL CONMITTTD 4. The constitution of a Technical / Appraisal Committee to support the Steering Committee in performing its function and meeting the objective of this Order. The Committee shall include the Commissioner on Land Matters as Chairman and two representatives (one not below the ran~ of a Director and one Principal Officer) of the following Ministries, Departments and Agencies: Jlgowa St:ol:e lnvestm~r,t Promotion Aggncy: Ministries resoonsible for Commerce, Industry, Cooperatives & Tourism; Finance; Environment; Agriculture; Justice; Local Government & Community Development; Lands, Housing, Urban and Regional Planning Development; and Women Affairs and Social Welfare; Others include Office of Surveyor General (Secretary, Land Use & Allocation Committee}: geographic Information Sy~tem of Ministry of Lands; Jigawa State Agricultural Development Project; and Representatives of the Private Sector and Civil Society Organization with tand Investment focus/expertise; Farmers and Herdsmen Board; Legal Adviser, State Investment Promotion Agency; and Jigawa State Internal Revenue Service. 5. function and powers of the Technical Committee shall be to: i. Develop a Framewor~ for Responsible and Inclusive Land-Intensive Agricultural Investments (FRILIA). ii. Prepare an implementation plan for FRILIA. iii. Develop tool!:?it/guidelines/policies or equivalent to guide investors throughout the development of land-intensive agricultural projects in Jigawa State that are consistent with the FRILIA principles and international best practices. iv. Conduct ris!:? or benefit assessment that will assist the government in the implementation of agri-business projects particularly land-based investment. v. Advise and assist the government in creating sustainable land-use and agribusiness policy. vi. Monitor all land-based investment in the State and their compliance with FRILIA. vii. Assist the development of a land banR for agri-business investment in the State, in particular see~ing to ensure that acquisition of land for the land banb is done in a manner that is consistent with the FRILIA principles and best international practices. viii. Publish periodically information on agri-business investments. ix. Establish a frameworb for community and stabeholder consultations and engagement. x. Provide a monthly report to the Steering Committee xi. Meet at least every month to consider reports from stabeholders, assigned tasbs and any special issue(s) as may be directed by the Steering Committee. xii. Perform such other functions as the Steering Committee may occasionally deem necessary to achieve its function. Page 4 of 6 D • ESTABLISHMENT OP A GRIEVANCI ■ED■III 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 best international practicet The Secretary of the Technical Committee shall also function as the des!:? officer for the Grievance Redress Mechanism (CRM) on FRILIA in Jigawa State. The CRM will be such that it consults and mabes enquiries 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 30 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 lssues/complaint(s)/appeal(s) resolved and those pending. I • DIVILOPNINT AND ADOPTION OP PRILIA TOOLICITS/GUIDILINES/POLICIEI OR EOUIVALINT The Technical Committee is empowered by this order to develop a toolbit, guidelines, policies or equivalents for approval by the Steering Committee. These tools will assist investors in developing land-intensive agricultural projects in Jigawa State. They will ensure that investors and the responsible MDAs have access to adequate infonnation to comply with FRILIA principles and best international practices. The toolbit/guidelines/policies or equivalent will cover various aspects such as stabeholder engagement, environmental and social Impact assessment and risb management, land access, easement, and involuntary resettlement management, gender equality and the empowennent of women and Youth, valuation and compensation, Global Memorandum of Understanding, community needs assessment and development, out-growers and food security. Additionally, it will enable investors and responsible MDAs to consult with communities, including local land rights holders, effectively. NOW, THE■IPORE 1 'MALLAN UNA■ NAMADI •CA', IXICUTIVI GOVIRNO■ OF JIGAWA STAii, BY THI AUTHORITY VUTID IN Ml BY TNE 1999 CONSTITUTION OP THI PIDERAL RIPUBLIC OP NIGERIA Al ANENDeD AND TH■ LAWS OF JIGAWA ITATI, INCLUDING BUT NOT LIMIDD TO THI LAND UII ■IGULATION, 2022 HEREBY ORDIR AS FOLLOWS, I. That it shall be the Covernment policy to accelerate large-scale agribusiness investments based on the best international practices of land principles and guidelines to improve the business enabling environment for the state's economic development. Page 5 of 6 II. FRILIA would address critical challenges in the agricultural value chains, financial sector regulatory reforms, and land reforms to facilitate investment opportunities in both agricultural and non-agricultural sectors. Ill. FRILIA shall specifically bridge the gap between investors and host communities by laying down investment procedures to ensure a win-win approach to all the stal:?eholders and environmental and social sustainability management. IV. To ensure the implementation and operationalization of FRILIA in line with the Business Enabling Reform Action Plan (BERAP), the Government, Departments and Agencies shall collaborate to achieve the result area to remove obstacles to agribusiness investment opportunities. (a) This order shall be implemented consistent with applicable Laws of Jigawa State (b) 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 Jigawa State, its departments, agencies, or entities, its officers, employees, or agents, or any other person. 112./IK ISSUED UNDER MY HAND, THIS ., DAY OF /JG (p,1/'b~ 2024, EFFECTIVE IMMEDIATELY r Mallam Umar A. Namadi FCA Executive Governor, Jigawa State Page 6 of 6