Azura-Edo Independent Power Plant Environmental Impact ... - IFC

1.4.4 National Social Legislation
In the consideration of Nigerian social legislation, the following issues may be
some of the important social aspects of the Project:
• resettlement and displacement;
• community health and safety;
• labour, working conditions and employment;
• cultural property;
• economic activities; and
• access to fishing.
The following pieces of legislation would be the applicable regulatory
instruments.
The Labour Act, (1990)
The Labour Act (1990) (LA) is the primary law protecting the employment
rights of individual workers. The LA covers protection of: wages; contracts;
employment terms and conditions; and recruitment. It also classifies workers
and special worker types. Union membership is governed by the Trade Union
Amendment Act (1995). A 1999 constitution includes stipulation of “equal pay
for equal work without discrimination on account of sex, or any other ground
whatsoever”.
While Nigeria has ratified all eight core International Labour Organisation
Conventions and enacted laws to enforce the provisions, there are indications
of restrictions on the trade union rights of workers in Nigeria, discrimination,
child labour and forced labour. Azura Power will need to take these into
consideration within the implementation of the Project.
Land Use Act No 6 (1978)
The Land Use Act of 1978 (LUA), the Constitution of 1999 and the Public
Lands Acquisition Laws of the relevant states constitute the governing policy
for land acquisition in Nigeria. As is the case with most national and state
laws on compulsory acquisition of land in the public interest or for a public
purpose, the legislation enables the State to acquire land (more precisely, to
abrogate leases and other authorizations to occupy land). The Acts also
specify the procedures the State must follow to clear the land, and define the
compensatory measures the State must implement in order to compensate the
people affected.
Under the LUA, there are two types of land rights (US AID, 2010)
• Statutory occupancy rights: Individuals and entities can obtain a statutory
right for occupancy of urban and non-urban land. Recipients of
certificates of occupancy are obligated to pay the state for any
unexhausted improvements (ie improvements with continuing value such
AZURA EDO IPP
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DRAFT EIA REPORT