Federal Republic of Nigeria Federal Ministry of Agriculture and Rural Development Staple Crop Processing Zones Support Project (scpz)

Federal Ministry of Petroleum Resources

1. 
   Facilitating the extension of the national gas pipeline network to serve the SCPZ
   
2. 
   Monitoring and supervision of design, construction and operations for the transportation and storage of gas associated with the power supply to the SCPZ.
   

The Nigerian constitution allows state to make legislation, laws and edicts on their environment. The relevant state structures are highlighted below:

1. 
   Kogi State Ministry of Environment and Physical Development
   

2. 
   Kogi State Ministry of Agriculture:
   

• 
  Kogi State Agriculture Development Project;
  
• 
  Kogi State Land Development Board;
  
• 
  Agro-Allied Investment Company; and
  
• 
  Kogi State Agriculture Trust Fund.
  

The Kogi State Ministry of Agriculture see the goals of the SCPZ to be a) increased cassava production to achieve import substitution, b) increase value chain addition through processing, c) reduce the cost of doing business for processors; and d) create jobs and derive rapid rural growth.

The Land Use Act of 1978 transferred authority over land from customary oversight into the control and management of State Governors. The Kogi State Ministry of Lands is the authority that oversees land issues in Kogi State. This Ministry is responsible for the compulsory acquisition process and will be a key factor in the management of resettlement and in the compensation process.The roles of State Governments shall include:

1. 
   Provide suitable land for the establishment of the SCPZ to FMRAD;
   
2. 
   Provide investors in the SCPZ with access to land in the ABIR for feedstock production and related purposes;
   
3. 
   Enable the connection of the SCPZ to national and state level infrastructure by providing the necessary land;
   
4. 
   Finalize the provision of relevant land titles to the local populations in the ABIR to assure that they are compensated in line with the Resettlement Policy Framework for the ABIR in case of state sponsored land acquisition of agribusinesses;
   
5. 
   Promoting minimal displacement of land holders within the SCPZ and ABIR through a zoning process that identifies and protects residential land as well as associated food crop farms and ensuring that compensation is paid in line with the Resettlement Policy Framework for the ABIR;
   
6. 
   Ensure the proper functioning of the SCPZ by participating actively in the governance of SCPZ through appropriate appointments to the Executive Management Committee of the Zones;
   
7. 
   Promote the formation of Special Purpose Vehicles through Public Private Partnerships for the establishment, development and sustainability of SCPZ;
   
8. 
   Facilitate the development of Agro-Industrial Towns within the ABIR;
   
9. 
   Facilitate harmonized land taxes for SCPZ investors in the ABIR and benefit sharing schemes with the customary owners; and
   
10. 
    Provide transhuman populations with security of tenure to either settle down or continue with their livelihood patterns.
    

The project affected Local Governments include Adavi, Ijumu, Kabba-Bunu and Lokoja Local Government Councils. These Local Government Councils, without any specific laws on environmental management are charged with the following responsibilities, inter alia:

• 
  Co-ordinating the activities of Local Government Council;
  

• 
  Maintenance of Law and Order in collaboration with Law Enforcement Agencies;
  
• 
  Collection of taxes and fees;
  
• 
  Establishment and maintenance of cemeteries, burial grounds and homes for the destitute or infirm
  
• 
  Establishment, maintenance and regulation of markets, motor parks and public conveniences;
  
• 
  Construction and maintenance of roads, streets, drains and other public highways, parks, and open spaces;
  
• 
  Naming of roads and streets, and numbering of houses;
  
• 
  Provision and maintenance of public transportation and refuse disposal; and
  
• 
  Registration of births, deaths and marriages;
  

The mandate of United Nations Conference on Environment and Development (UNCED) emanates from General Assembly resolution 44/228 of 1992 which, inter alia, affirmed that UNCED should elaborate strategies and measures to halt and reverse the effects of environmental degradation in the context of increased national and international efforts to promote sustainable and environmentally sound development in all countries and that the promotion of economic growth in developing countries is essential to address problems of environmental degradation

Nigeria is a subscriber to these various mandates that have been enunciated and encouraged to maintain consistent positions in the various governing bodies and thus obliged to implement the various arrangements mandated, protocols, treaties and conventions through national legislation.

Also, International Development Partners/Agencies such as World Bank and other financial organizations interested in development projects have also sets of environmental categorizations, assessments and management standards. The framework provided by these international organizations must be complied with by project proponents before these institutions invest in them.

Below, an outline of the relevant regulatory instrument to the proposed project and this ESMF is given as they relate to the Federal, State and Local governments. Also highlighted are the applicable international protocols, treaties and conventions and the World Bank Safeguard Policies.

1. 
   National Policy on Environment
   

• 
  assure that the environment is of adequate quality to guarantee the health and well-being of citizens;
  
• 
  manage natural resources for the benefit of present and future generations;
  
• 
  maintains, enhances and restores ecosystems and ecological processes that are essential for the preservation of biological diversity;
  
• 
  raise the public awareness and promote the understanding of essential linkages between the environment and development; and
  
• 
  cooperate with other countries, international organizations and agencies on the trans-boundary environmental management.
  

2. 
   Environmental Impact Assessment (EIA) Act No. 86 of 1992, CAP E12, LFN 2004
   

• 
  agricultural land development (bush clearing, land preparation and consolidation);
  
• 
  large-scale farming;
  
• 
  agro-industrial projects;
  
• 
  dams and reservoirs;
  
• 
  irrigation and drainage programs; and
  
• 
  use of agro-chemicals and fertilizers.
  

There are other Sectoral Guidelines such as on Infrastructure Development which are relevant to the proposed project activities

3. 
   National Environmental Standards and Regulation Enforcement Agency (NESREA) ACT 2007
   

Section 27 prohibits, without lawful authority, the discharge of hazardous substances into the environment.

• 
  National Environmental (Sanitation and Wastes Control) Regulations, 2009. S. I. No. 28: The purpose of this regulation is to provide the legal framework for the adoption of sustainable and environment friendly practices in environmental sanitation and waste management to minimize pollution. This law will guide the general sanitation practices of different players throughout the phases of the proposed ABIR/SCPZ project.
  
• 
  National Environmental (Ozone Layer Protection) Regulations, 2009. S. I. No. 32: These provisions seek to prohibit the import, manufacture, sale and the use of ozone-depleting substances. This law prohibits the use of Ozone depletion substances and will guide the kind of chemicals that the processing plants and other manufacturing activities within the ABIR can use.
  
• 
  National Environmental (Noise Standards and Control) Regulations, 2009. S. I. No. 35: The main objective of the provisions of this Regulation is to ensure tranquility of the human environment or surrounding and their psychological well-being by regulating noise levels. Since the proposed project activities is a mixed development including industrial and residential, this law will guide the noise level at all phases (pre-construction, construction, operation and decommissioning) by different activities within the ABIR / SCPZ.
  
• 
  National Environmental (Construction Sector) Regulations, 2010. S. I. No. 19: The purpose of these Regulations is to prevent and minimize pollution from Construction, Decommissioning and Demolition Activities to the Nigerian Environment. This law will guide different construction and related activities within the proposed ABIR/SCPZ so as to ensure that such activity do not lead to pollution of whatever kind.
  
• 
  National Environmental (Control of Vehicular Emissions from Petrol and Diesel Engines) Regulations, 2010. S. I. No. 20: The purpose of this regulations is to restore, preserve and improve the quality of air. The standards contained herein provide for the protection of the air from pollutants from vehicular emission. This law will guide vehicular emissions and emission from agricultural machineries within the proposed ABIR/SCPZ.
  
• 
  National Environmental (Surface and Groundwater Quality Control) Regulations, 2010. S. I. No. 22: The purpose of this Regulation is to restore, enhance and preserve the physical, chemical and biological integrity of the nation's surface waters, and to maintain existing water uses. This law will guide the activities relation to water supply to the proposed ABIR/SCPZ.
  

Furthermore, the work of NESREA is guided by its corporate strategic plan that describes the scale of the environmental and social challenges, and explains how NESREA, with the support of other key stakeholders, addresses these issues around the following policies :

• 
  Environmental Enforcement Policy: This policy aims at providing actions to take in enforcing environmental legislation, standards, regulations and guidelines fairly and appropriately in a manner that will protect environmental quality and safeguard public health.
  
• 
  National Environmental Sanitation Policy: This policy seeks to stimulate, promote and strengthen all government regulations concerned with housing and urban development, food security water supply, sanitation related endemic diseases and illnesses, flood and erosion control, drought control, school health services and environmental education and is relevant with a view on the Agri-industrial City to be established in the ABIR as well as accommodation for Contract Farmers and Workers.
  
• 
  National Policy Guidelines on Sanitary Inspection of Premises: This policy seeks to promote clean and healthy environment for the populace.
  
• 
  National Policy Guidelines on Solid Waste Management: The aim of this policy is to improve and safeguard public health and welfare through efficient sanitary Solid Waste Management methods that will be economical, sustainable and guarantee sound environmental health.
  
• 
  National Policy Guidelines on Pest and Vector Control: This policy is to establish and strengthen pest and vector control units at the three tiers of government (see also the Integrated Pest Management Plan for the SCPZ Support Project and the ABIR).
  
• 
  National Training Manual on Food Sanitation for Food Handlers: The aim of this policy is to provide food handlers with the knowledge and skill required to ensure sound food sanitation practices in order to protect public health, promote quality of life and reduce poverty. While it is assumed that the agro-businesses to be established in SCPZ are professional enterprises, their work nevertheless must be in line with national standards and therefore the training manual and the supervision offered by NESREA is relevant for their work.
  

4. 
   The Harmful Waste (Special Criminal Provision Etc.) Act 1988
   

This Act is aimed at establishing the Natural Resources conservation council to be responsible for the conservation of natural resources of Nigeria and to formulate national policy for natural resources conservation.

The National Forest Law governs the forestry sector in the country. The Act provides for the preservation of forests and the setting up of forest reserves. Apart the National Forest Law, all states and the Federal Capital Territory have sub-national laws on forests (FRA Country Report: Nigeria, 2010). These sub-national regulations are largely drawn from national regulations. As a consequence of decentralization, the management and control of forests is vested in state governments, although dual ownership of natural forests by local and state governments still exists in the northern states. While local governments are responsible for communal forest areas in the northern states, state governments are in control of forest reserves, game reserves and sanctuaries in other parts of the country. The federal government is however in control of the national parks. The National Forest Policy provides also basic guidelines for states’ regulations and recognizes the role of communities in forest management as it calls for “innovative approaches to community participation in forest management on both forest reserves and forest areas outside forest reserves”. It states that to implement the policy, the government must develop a supportive legal basis for tree tenure, access rights, and the sharing of benefits from wood and non-wood forest products as well as a National Forestry Act. While the National Forestry Act includes community-based arrangements, decentralization of responsibilities and devolution of powers to local actors, neither the Tropical Forest Tenure Assessment of 2009 nor the FAO Forest Resources Assessment of 2010 could report that local communities own forestland or hold management rights over state lands. In that perspective, the forests and forest reserves in the ABIR remain legally under the management and control of the Kogi State Government rather than the local populations.

7. 
   National Policy on Flood and Erosion Control 2006 (FMEnv)
   

7. 
   Nigeria’s Local Agenda 21
   

• 
  Nigeria’s Local Agenda 21 programme seeks to:
  
  • 
    integrate environment into development planning at all levels of government and the private sector;
    
  • 
    commence a transition to sustainable development;
    
  • 
    address sectoral priorities, plans, policies and strategies for the major sectors of the economy; and
    
  • 
    Simultaneously foster regional and global partnership.
    

7. 
   Agriculture Sector related regulatory instruments
   

This report shall limit its review to aspects of this policy as it relates specifically to agricultural water resources and irrigation development.

7. 
   The Agricultural Transformation Agenda
   

Agricultural Transformation Agenda also focuses on:  Deregulation of seed and fertilizer sectors  Marketing reforms to structure markets  Innovative financing for agriculture  New agricultural investment framework.

7. 
   Land Use Act of 1978:
   

7. 
   Draft National Building Code, 2006
   

• 
  The need to evolve a National Building Code arose from the following existing conditions of Nigerian cities and environment:
  
• 
  a. The absence of planning for our towns and cities;
  
• 
  b. Incessant collapse of buildings, fire infernos, built environment abuse and other
  
• 
  disasters;
  
• 
  c. Dearth of referenced design standards for professionals;
  
• 
  d. Use of non-professionals and quacks;
  
• 
  e. Use of untested products and materials;
  
• 
  f. Lack of maintenance culture
  
• 
  The Code which is seen as opening a new vista in the Building Industry is aimed at eliminating or reducing to the barest minimum the incidents of collapsed buildings in Nigeria and as well promotes safety and qualitative housing for every Nigerian.
  
• 
  State Governments are implored to integrate the provisions of this Code into their local laws particularly those relating to Design, Construction and Maintenance (Post Construction) and efficiently monitor the implementation of the code.
  

• 
  The NIWA is tasked to:
  

• 
  provide regulations for inland navigation;
  
• 
  ensure the development of infrastructural facilities for a national inland water­ways network connecting the creeks and the rivers with the economic centers using the river-ports as nodal points for inter model exchange;
  
• 
  ensure the development of local technical and managerial skill to meet the challenges of modern inland waterways transportation; and
  
• 
  carry out environmental impact assessment of navigation and other dredging activi­ties within the inland water and its right-of-ways.
  

This law becomes relevant for the ABIR and SCPZ in the short run with a view on the potential dam on River Oinye to provide water for SCPZ Project and in the long run with the potential extraction and transportation of water from the River Niger 20 km in the north of the ABIR as well as the planned graduation of Lokoja to an in-country port for large vessels travelling up the River Niger.

This provision vests all water and water resources in the Federal Government of Nigeria and regulates the exploitation of water resources. It also vests in the Federal Government the rights and control of water in any water course affecting more than one state for the purpose, inter alia, of ensuring the application of appropriate standards and techniques for the investigation, use, control, protection, management and administration of water resources.

The Policy sets consumption standards for Semi – urban (small towns) and Urban Water supply

• 
  This standard is based on general principles of preventive, integrated and collaborative multi-agency approach.
  
• 
  This standard sets parameters and maximum allowable limits in drinking water in Nigeria.
  
• 
  It also includes normative references/laws guiding drinking water quality, definition of terminologies, institutional roles and responsibilities, monitoring, data management and compliance criteria.
  
• 
  In developing this Standard, references were made to the Nigerian Industrial Standards for Potable Water and Natural Mineral Water, the National Guidelines and Standards for Water Quality in Nigeria, the World Health Organization (WHO) guidelines for drinking water quality (3rd Edition) and International Standard Organization of Nigeria (ISO).
  
• 
  The principles - The effective protection of public health against water related diseases requires a preventive integrated management approach.
  

However, since the proposed SCPZ/ABIR project and its ancillaries will involve the extraction and utilization of large quantity of water resources from both underground and surface sources, the relevant water resources laws discussed above will be relevant in ensuring sustainable use.

• 
  Nigeria has ratified all eight core Labor-Standard-Conventions of the International Labor Organization. While Nigeria has ratified the core conventions and enacted laws to enforce the provisions, there are indications of restrictions on the trade union rights of workers in Nigeria, discrimination, child labor and forced labor. The Labor Act as the primary law protecting the employment rights of individual workers covers protection of wages; contracts; employment terms and conditions; recruitment; and classifies workers and special worker types. Union membership is governed by the Trade Union Amendment Act (1995). The 1999 Constitution further includes the objective for “equal pay for equal work without discrimination on account of sex, or any other ground whatsoever”, but implementation is reported to be slow.
  

• 
  This is the primary law regulating health, safety and welfare of workers in factories in the country. The law holds management and staff personally responsible for violations of the provisions in the act. With respect to safety, there are general provisions as to the securing, fixing, usage, maintenance and storage of prime movers, transmission machinery, other machinery, unfenced machinery, dangerous liquids, automated machines, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, steam boilers, steam receivers containers, and air receivers. There are in addition to these, standards set for the training and supervision of inexperienced workers, safe access to any work place, prevention of fire and safety arrangements in case of fire and first aid boxes. The law stipulates that it is mandatory that all accidents and industrial diseases be notified to the nearest inspector of factories and be investigated; it is prohibited for the occupier of a factory to make any deductions from the wages of any employee in respect of anything to be done or provided in pursuance of the Factories Act.
  

• 
  The Nigerian Criminal Code makes it an offence punishable with up to 6 month imprisonment for any person who:
  

• 
  Violates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carry on business in the neighborhood, or passing along a public way: or
  
• 
  Does any act which is, and which he knows or has reason to believe to be likely to spread the infection of any disease dangerous to life, whether human or animals.
  

• 
  Provides justification for the execution of developmental projects under guidelines that promote health by protecting the environment and safeguarding the health of humans.
  
• 
  The Public Health laws empower Medical Officers of Health (operating at the Local Government Council, under supervision of the State and Federal Ministries) to require, by implication, that individuals and groups ensure that their activities promote an environment that fosters good health (subsections 6 and 7(m).
  

Some of the legal instruments put in place by the State for Environmental protection include the following:

• 
  Kogi State Ministry of Environment and Physical Development: This state government agency is responsible for the management of the environment in Kogi State and mirrors the responsibilities of the Federal Ministry of Environment at state level. With it, the Department of Forestry is responsible for the forest reserves found across the state including the Oinye Forest Reserve, the Chokochoko Forest Reserves and others as well as the management of production forests and plantations located within the ABIR.
  
• 
  Kogi State Ministry of Agriculture: With an estimated 75% of the population engaged in subsistence farming, the State Ministry of Agriculture is an important Ministry within Kogi State Government. The State Ministry is a strong supporter of the SCPZ Support Project and responsible for coordinating state-wide agricultural programs such as ABIR. The Ministry has four technical departments including the Agricultural Services department, which is most relevant for the Project. There are for Parastatals under the Ministry include:
  
• 
  Kogi State Agriculture Development Project;
  
• 
  Kogi State Land Development Board;
  
• 
  Agro-Allied Investment Company; and
  
• 
  Kogi State Agriculture Trust Fund.
  

• 
  Kogi State Ministry of Lands. The Land Use Act of 1978 transferred authority over land from customary oversight into the control and management of State Governors. The Kogi State Ministry of Lands is the authority that oversees land issues in Kogi State. This Ministry is responsible for the compulsory acquisition process and will be a key factor in the management of resettlement and in the compensation process.The roles of State Governments shall include:
  

• 
  Provide suitable land for the establishment of the SCPZ to FMRAD;
  
• 
  Provide investors in the SCPZ with access to land in the ABIR for feedstock production and related purposes;
  
• 
  Enable the connection of the SCPZ to national and state level infrastructure by providing the necessary land;
  
• 
  Finalize the provision of relevant land titles to the local populations in the ABIR to assure that they are compensated in line with the Resettlement Policy Framework for the ABIR in case of state sponsored land acquisition of agribusinesses;
  
• 
  Promoting minimal displacement of land holders within the SCPZ and ABIR through a zoning process that identifies and protects residential land as well as associated food crop farms and ensuring that compensation is paid in line with the Resettlement Policy Framework for the ABIR;
  
• 
  Ensure the proper functioning of the SCPZ by participating actively in the governance of SCPZ through appropriate appointments to the Executive Management Committee of the Zones;
  
• 
  Promote the formation of Special Purpose Vehicles through Public Private Partnerships for the establishment, development and sustainability of SCPZ;
  
• 
  Facilitate the development of Agro-Industrial Towns within the ABIR;
  
• 
  Facilitate harmonized land taxes for SCPZ investors in the ABIR and benefit sharing schemes with the customary owners; and
  
• 
  Provide transhumant populations with security of tenure to either settle down or continue with their livelihood patterns.
  

Several international regulations, protocols, treaties and conventions have been signed by the World aimed at halting environmental degradation and thus protecting human health against possible adverse effects. Nigeria subscribes to a number of this International Regulations and Conventions relating to Environmental Protection.

Some of the guidelines/conventions/treaties to which Nigeria is a signatory are below outlined:

• 
  Both the Vienna convention for the protection of the Ozone Layer and Montreal protocol for Control of Substances that deplete the ozone layer
  
• 
  Basel convention on the prevention of trans-boundary movement of hazardous wastes and their disposal.
  
• 
  Convention on the prevention of the international trade in endangered species (CITES)
  
• 
  Convention on Biodiversity
  
• 
  Convention on climate change
  
• 
  Convention on Desertification
  
• 
  Convention on Persistent Organic Pollutants
  
• 
  World Health Organization (WHO) Health and Safety Component of EIA, 1987
  
• 
  E.t.c.
  

+OP 4.00 Use of Country Systems
Box 1: Operational Policy (OP)/Bank Procedure (BP) 4.01: Environmental Assessment

The IFC and the World Bank Group have developed a set of Sectoral Environment, Health and Safety (EHS) Guidelines specific to particular industries sectors or types of projects.

The proposed SCPZ Support Project and the associated overall development of the SCPZ and