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PROJECT : SBEE DISPATCHING AND DISTRIBUTION SYSTEM
RESTRUCTURING AND EXTENSION PROJECT (PRESRDI)
COUNTRY : BENIN
RESETTLEMENT ACTION PLAN (RAP) SUMMARY
Équipe du Projet
Chef d’équipe D. IBRAHIME, Analyste Financier RDGN.1 2549
Membres d’équipe
A. MOUSSA, Ingénieur électricien RDGN.1 7335
M. KINANE, Environnementaliste Principal SNSC 2933
P.H. SANON, Spécialiste Principal en Développement
Social SNSC 5828
O. OUATTARA, Expert en gestion financière SNFI/COSN 6561
M. ANASSIDE, Expert en acquisitions SNFI 7228
D. NDOYE, économiste pays Bénin RDGW
Chef de Division B. DIALLO RDGW.1 1681
Directeur J. LITSE RDGW.0 4047
AFRICAN DEVELOPMENT BANK GROUP
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RESETTELEMENT ACTION PLAN (RAP) SUMMARY
Project Title: SBEE DISPATCHING AND DISTRIBUTION
SYSTEM RESTRUCTURING AND EXTENSION
PROJECT (PRESREDI)
Project Number: P-BJ-FA0-004
Country: BENIN
Department: RDGW Division : PESD
INTRODUCTION
At the request of the Benin Authorities, the African Development Bank will support the implementation
of the SBEE Dispatching and Distribution System Restructuring and Extension Project (PRESRDI) in
a co-financing with the Japan International Cooperation Agency (JICA).
From an environmental and social standpoint, the project is under Category 1 due to the nature of the
works to be carried out, the size and scope of the project as well as its potential direct and indirect
impacts. Indeed, PRESRDI’s implementation will require expropriation in the public interest of
buildings, farmland, crops, trees and non-habitable structures. It will also result in the loss of income-
generating activities. Over 200 people will be affected by the project.
Thus, in compliance with the African Development Bank’s Involuntary Resettlement Policy, the
Government of Benin, through SBEE, has had a Resettlement Action Plan (RAP) prepared for the
compensation and resettlement of Project Affected People (PAP). Its objectives are to: (i) minimize, to
the extent possible, involuntary displacements; (ii) prevent, to the extent possible, the destruction of
property; and (iii) compensate affected people for the loss of housing plots, buildings, farmland and
equipment, as well as income. The RAP will be implemented by SBEE.
I. DESCRIPTION OF THE PROJECT AND ITS AREA OF INFLUENCE
I.1 Project Description
The SBEE Dispatching and Distribution System Restructuring and Extension Project (PRESRDI) is in
keeping with the SBEE’s overall objective of establishing a reliable, economical and optimal distribution
system that will meet electric power demand in Benin’s main towns and cities up to 2040. It aims to
provide high quality electric power to the targeted localities to improve the living conditions of the
beneficiary communities. The project components are as follows:
Component A – Component A – strengthening of the Akpaka and Gbégamey sub-
stations
Installation of a 63 kV/40 MVA substation at Akpakpa
Installation of a 63 kV/40 MVA substation at Gbégamey
Component B - Lokossa – Hagoumey 63kV transmission line
Construction of a 30 km, 63 kV transmission line between Lokossa and
Hagoumey
Rehabilitation of the Lokossa CEB sub-station
Procurement and installation of a 63kV/20 MVA transformer in Hagoumey
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Component C – Strengthening and extension of distribution networks in the suburbs of
Cotonou, Porto Novo and Lokossa
Construction of 104 km of MV lines
Construction of 279km of LV lines
Installation of 35 prefabricated MV/LV sub-stations
Installation of 112 overhead MV/LV substations
Procurement of 20,000 metre connection kits. 19,000 kits will be distributed in
rural areas and the connection cost will be subsidized by the project to the tune
of CFAF 63,000 per household. This will reduce the connection cost in rural areas
to CFA 57,000 instead of CFAF 120,000. A further 10,000 kits will be distributed
in urban areas and the connection cost will be subsidized by the project to the
tune of CFAF 30,000 per household. This will reduce the connection cost in urban
areas to CFA 90,000 instead of CFAF 120,000. The project will draw on the
actions taken under a similar ongoing project cofinanced by AFD, EU and EIB.
Procurement of 2,000 public lighting units
Component D – Project Management
Works control and supervisions
Environmental and social impacts: ESMP and Resettlement Plan
SBEE capacity building: this component will comprise technical training
activities for SBEE personnel and the recruitment of a socio-economic expert
Auditing of project accounts; and
Operation of the Project Management Unit: allowances, office supplies and IT
equipment.
The total project cost is estimated at EUR 32.1 million. The proposed financing plan comprises an ADF
loan of UA 11.94 million (EUR 15 million) and a JICA loan of EUR 15.2 million. The Government of
Benin and SBEE will be required to contribute to the financing of the Full Resettlement Plan
I.2 Project Area of Influence
Project Location
The areas concerned by the Project to Restructure and Extend the Dispatching and Distribution System
of the Benin Electric Power Company (SBEE) are: the municipalities of Cotonou (Littoral Department),
Porto-Novo, Akpro-Missérété and Sèmè-Kpodji (in Ouémé Department), Lokossa (Mono Department),
Dogbo, Djakotomey, Klouékanmè and Toviklin (in Couffo Department), Abomey, Bohicon and
Zogbodomey (in Zou Department). They all form part of the territorial area of South Benin.
In Cotonou, on the territory of the Littoral 1 Regional Directorate, the project will be implemented in
the following neighbourhoods: Vossa and Ahouansori in the 6th sub-district; Zogbo in the 9th sub-district;
Gbégamey CEG Zone in the 11th sub-district; in the 12th; and Agla in the 13th sub-district. In the Littoral
2 Regional Directorate, the neighbourhoods concerned are: Djèdjèlayé, Ahouassa, Sènadé 1, Sènadé 2,
Kpondéhou and Lom-Nava in the 2nd sub-district, on the one hand, and the neighbourhoods of North
Sègbeya (CEG), Midombo, Kpankpan and Adogléta (EPP) in the 3rd sub-district on the other. In Porto-
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Novo, the following neighbourhoods are concerned: Agbokou in the 2nd subdistrict, Foun-Foun in the
3rd sub-district and Tokpota in the 5th sub-district. In the municipality of Sèmè-Kpodji, the following
localities are concerned: the locality of Mandjamin in Sèmè-Kpodji sub-district and the localities of
Djeffa Houédomè and Djeffa Glégbonou in the sub-district of Ekpè. In the Akpro-Missérété
municipality, in the Akpro-Missérété sub-district, the neighbourhoods of Danmè-Lokonon and
Abogomè are concerned. In Lokossa municipality, the localities concerned are: Atikpéta, Fongba,
Agamè, Tchicomè, Agonvè, Zongo, Agnivèdji. In the Dogbo municipality, the SBEE densification
network covers the localities of Avégodoué, Dadohoué, Foncomè 1, Houédjamè, Dahoué, Dékandji,
Totchangni, Zaffi 1, Tota, Kpodavé, and Kénouhoué. In the Djakotomey municipality, grid
densification concerns the localities of Hagoumey, Djakotomey-centre, Sokouhoué, Kinkinhoué,
Agbédranfo, Dassouhoué and Babohoué. In the Klouékamè municipality, the project concerns: Ehuzu,
Tchanvèdji 1, Hlonhlonmitonhou, Trotroyuyu, Agblékomè, Sèglahoué and Agbodohouin. In the
Toviklin municipality, the following localities are concerned: Doko-centre, Klemè, Nanonmè,
Kpohoudjou, Kpévé, Davi, Tannou avèdji, Zohénou, Djigangnonhou, and Akomè. In Abomey, the
following neighbourhoods are concerned: Agblomey, Adandokpodji, Hounli and Djègbé. In Bohicon,
the neighbourhoods of Sodohomè, Saclo, Honmèho, Lissèzounon and Agbangon are concerned. In
Zogbodomey, the neighbourhoods concerned are: Hadagon, Dovogon, Zadogagbé, to the right of the
inter-State highway linking Zogbodomey and Bohicon on the one hand and the neighbourhoods in
Atchia to the left of the same inter-State highway on the other, in Zogbodomey centre.
II. POTENTIAL IMPACTS
2.1. Positive Impacts
During the works implementation phase, the project may have socio-economic impacts linked to the
arrival of labourers and the transportation of labour and materials, economic and commercial activities,
incomes and the creation of local labour. Overall, these impacts will be positive: creation of direct and
indirect jobs, increased trading within the works area and with neighbouring localities, employment of
a number of unemployed youths in localities crossed by the project, etc.
During the operational phase, new households will benefit from SBEE electricity connections resulting
in improved income-generating activities, the development of artisanal activities (hairdressers, welding
and lumber etc.…), improved school results, upgrading of health centres and the promotion of
recreational facilities.
By 2025, the project will provide SBEE with 40,000 additional potential subscribers representing an
electricity access rate of at least 212,000 inhabitants, including at least 109,000 women. Of this potential,
the project will directly result in the connection of at least 20,000 households, corresponding to a 4%
increase in the total number of subscribers in Benin (500,000 subscribers). Thus, a little over 106,000
additional inhabitants, including about 55,000 women, will have direct access to electricity as a result
of this project.
The project will also benefit SBEE by building up high quality energy capacity in the localities
concerned, which will also benefit factories and industries set up in these localities.
2.2 Negative Impacts
In the works phase, the project’s main negative socio-economic impacts will be:
- Displacement of the population and activities: the construction works on the 63/20 kV-
20 MVA high-voltage transmission line will entail the clearing of rights-of-way
occupied by people resulting in the loss of property and sources of income. Indeed, 365
owners of 395 empty or bare plots, developed areas (food and market gardening plots,
plantations of trees, palm groves, gravel quarries, etc.) have been identified that will be
affected by the project.
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- Damage to landscape values: congestion of the operating area with site machinery and
stores of electricity poles, temporary storage and transportation of excavated materials,
gas and dust emissions (temporary and limited in space), noise and vibrations (operation
of machinery, bad odours, production of wastewater and household waste in the living
quarters), etc.
- Impacts on human health arising from: increased risks of sexually transmitted infections
(STI) and AIDS, linked to the arrival of labourers, the possible presence of
encampments and intermingling with the population; the stagnation of water in the
works areas could contribute to the development of vectors of disease.
- Impacts on human safety linked to the risk of road accidents, disruptions to traffic on
roads earmarked for the electricity grid extension works, from the presence and
movement of site machinery and failure to wear personal protective equipment (PPE)
by labourers.
III. ORGANIZATIONAL RESPONSIBILITY
A number of actors have organizational responsibility:
The Ministry of Energy, Water and Mines as oversight authority for the project owner,
namely; the Benin Electric Power Company (SBEE) which took the political decisions
to initiate and implement the project;
The municipalities (Cotonou, Porto-Novo and surrounding areas, Zogbodomey,
Bohicon, Abomey, Lokossa, Dogbo, Toviklin, Djakotomey and Klouékanmey) as
beneficiaries;
Technical and social consulting firms as the structures responsible for identifying and
defining the rights-of-way and inventorying affected property on behalf of the project
owner;
The Interministerial Committee for dealing with aspects linked to expropriation and
compensation;
The Committee of Affected People (CPS), the Technical Negotiating Committee, etc.
established to facilitate, on the one hand, the compensation process and to facilitate
discussions between works contractors and local residents directly concerned by the
works.
During the RAP implementation, these bodies will perform the following tasks: validation of data on
identification, establishment of compensation agreements with PAP, coordination of CSS or RAP
monitoring for PAPs, collecting, managing and monitoring PAP grievances and finally RAP
implementation monitoring.
IV. COMMUNITY PARTICIPATION AND PUBLIC CONSULTATION
Community participation emerged, in particular, during the surveys and public consultation meetings
between November 2015 and June 2016 as part of the process to involve stakeholders, namely; central
government authorities, municipal authorities, technical services, affected people and populations of
the localities concerned.
Through public meetings with the populations of the beneficiary municipalities (Lokossa, Dogbo,
Djakotomey, Toviklin, Klouékanmey, Abomey, Bohicon, Zogbodomey, Cotonou, Porto-Novo and
surrounding areas) will enable the technical experts to contact all the stakeholders.
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The field missions at the study’s start-up and the public consultations held from 16 September 2015 to
June 2016 enabled the Consultant to: (i) present the objectives and goals of the Resettlement Action
Plan for affected communities which is being prepared and the expected outcomes; (ii) identify solutions
and project-related development opportunities; (iii) gather concerns and expectations of project
stakeholders regarding compensation or indemnification.
The socio-economic survey to identify people and assets affected by the works conducted from 15 April
to June 2016, in particular provided an opportunity for discussions with the populations on the
identification and technical assessment of infrastructure and assets that would be affected by the project
and to prepare social asset inventory sheets informing PAPS about the inventory of their assets in the
works rights-of-way concerning, in particular, the 63kv Lokossa- Haloumi overhead transmission line
and the construction site for the 63/20 kV-20 MVA sub-station in Haloumi.
The discussions with members of the local administrations, some civil society actors and the
beneficiaries of the energy sub-sector relating to issues concerning electricity demand, poor energy
quality, its high cost and especially the fate of project affected people constituted a platform for
information and refocusing of discussions on the social and economic utility and the difficult matter of
indemnification or compensation.
To enhance the visibility of all these communication actions, public consultation minutes in each
targeted municipality are attached to the full report.
4.2. Summary of opinions and expectations expressed by the populations of the various
municipalities
In all the municipalities concerned by the project, the people contacted expressed their opinions on and
expectations of the project during public consultations and the various socio-economic surveys. The
following is a summary of the main points:
Census of affected people on the basis of losses suffered at the level of each
municipality;
Indemnification of all affected people prior to works commencement;
Recruitment of local labour;
Sensitization of the population on the project prior to the beginning of the works;
Compensatory reafforestation of plant cover destroyed for the purposes of the project;
Contractors must provide workers with optimal occupational safety and health
conditions;
Guarantee the safety of the local communities during the works;
Involvement of the different neighbourhood/village chiefs, mayors and technical
services during works implementation;
Programming of an environmental surveillance and monitoring budget;
The possibility of facilitating access to electric power for impoverished households
through
Social connections; and
A reduction of the cost per kilowatt/hour; etc.
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Appropriate answers were given by the Consultant and members of the SBEE delegation. Furthermore,
the people contacted also expressed their desire to participate in all the project phases as a sign of their
approval. During the public consultation sessions, those present were highly cooperative and
enthusiastic concerning the study of this project which will help to improve their living conditions,
especially boosting the socio-economic development of the various communities.
4.3. Information Dissemination
At the RAP implementation phase, the aim of the information dissemination system is to provide the
affected communities and other stakeholders with relevant and timely information in a language they
understand in an accessible location.
The publication and dissemination of the RAP will assume the following forms:
The CTR will, on the one hand, make a new posting of the list of PAPs by sub-district
in sub-district premises (in order to be closer to the population) and, on the other, by
municipalities in the affected councils.
The RAP will be disseminated to all PAPs through the community media (town criers,
radio, etc.)
AfDB will publish the RAP on its website.
V. INTEGRATION WITH THE HOST COMMUNITIES
This RAP mainly concerns the loss of cultivable land, perennial crops, etc.). No housing, no socio-
community equipment will be destroyed. Consequently, the displacement and community resettlement
aspect is not envisaged under this project.
VI. SOCIO-ECONOMIC STUDIES ON AFFECTED PEOPLE
The census of project affected assets and people was conducted in the corridor for the 63kV line and in
the area for the construction of the sub-station in the different neighbourhoods/villages of the three (3)
municipalities, namely; Lokossa, Dogbo and Djakotomey. The inventory was conducted in the direct
area of influence comprising the corridors for the overhead transmission line as well as the sub-station’s
right-of-way. Thus, for the overhead line (high voltage), the corridor is 15 m on either side of the line’s
route, that is a 30 m strip of about 30km long; and or the sub-stations, the right-of-way has a total
surface area of about one hectare (1ha).
6.1 Profile of PAPs
The identification operation in three (3) municipalities crossed by the 63 kV line covered 365 people
and concerned an area of 767,046 m2 of agricultural land for perennial or other crops, a limestone
quarry, a gravel quarry and many trees. According to the findings of the socio-economic survey, the
people impacted in all three (3) municipalities are farmers most of whom carry out secondary activities
to meet their own needs. Thus, almost 50.63 %, that is, 200 people, were surveyed from a list of supposed
owners and the main activity of four-fifths of them was agriculture. They exercise this activity
cumulatively with trading, arts and crafts as secondary activities in the urban centres. However, there
are also primary school teachers 0.9%, office workers 1.4%, customs officers 0.2%, secondary school
teachers 0.4%, health officers 0.7%, artisanal workers 2.2%, traders 3.8% whose secondary activity is
agriculture. Most of them are established in the towns.
In general, the land impacted by the project is owned by men (73%) compared to about one woman for
every four people. Most of the land is inherited (64.4%) and belongs to local communities or to already
deceased relatives. The public imagination in some localities does not accept that women can inherit
land in the same manner as their brothers. However, some exceptions have confirmed the rule whereby
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women may own land through inheritance. In the same vein, almost all the female PAPs have purchased
their own title deed.
The number of dependent persons per affected person varies between five and twenty and often reaches
a peak of thirty-five mouths to be fed per impacted household. In general, given their size, the analysis
of field data gathered shows that the incidence of poverty is extremely high among most of the
households affected by the project (between 33.3% and 59.3%).
The majority of households headed by men (about 63.6%) are polygamous. It was also observed that
the sizes of male-headed households are bigger than those headed by women. Most households along
the route are of the extended type although some of them are of the nuclear type.
The dominant ethnic groups among the PAPs recorded along the route of the Lokossa-Hagoumey line
and also in the right-of-way of the Hagoumey sub-station are Adja (70.2%) and Kotafon (25.7%); the
Fon (2.6%), Mina (1.4%), Nago (0.43%) and Xwéda (0.33%) constitute the minority ethnic group in the
project area. All these populations live in perfect social cohesion. In terms of religion, the affected people
mainly practice voodoo (56.17%) followed by catholic Christians (12.47%), the other Christian religions
(8.2%) and Muslims (2.9%).
PAPs fall within an age group of 13 to 84 years old, over half of whom are young, and under-50 years
old. Men comprise the majority of those on the list of PAPs (over 60%).
Social and community facilities (schools, junior secondary schools, health centres, markets, wells, VWS
boreholes, etc.) exist along the route, but are insufficient to serve the PAP and their many dependents.
Women’s contribution to the socio-economic life of households and the community remains dominant
with 60% of household expenditure. This trend remains very strong in polygamous households where
each spouse, in particular, the oldest in the household is alone responsible for meeting the daily
expenditure of her offspring.
6.2 Vulnerable people
A comprehensive analysis of socio-economic data collected from the PAP surveyed reveals the
vulnerability of certain people in the context of this project according to the following criteria:
- People suffering from serious, mental, incapacitating, chronic and/or incurable diseases
(4 men and 2 women) ;
- Elderly people, especially when they live alone (2 men and 2 women);
- Women whose right to land ownership by inheritance is not recognized (2 people);
- Minors who inherit land and who have no guarantee of/ entitlement to take possession
of their land (2 boys);
- Women household heads (4 women without spouses);
- widows (3 people);
- PAP, men and women, without resources, family support and/or solidarity network (5
men and 2 women);
6.3 Types of Property Affected by the Project
The alignment option selected for the Lokossa-Hagoumey transmission line has avoided built-up areas
and residential land (buildings/structures and residential plots), infrastructure and assets located in the
line’s right-of-way and at the location of the sub-station in the different municipalities have been
inventoried on the basis of the specific socio-economic characteristics of each assumed project affected
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owner. Indeed, the line mainly crosses small farms for rural localities. The number of plots inventoried
is 396 for 365 owners.
At the compensation phase, only perennial, annual or seasonal crops whose vegetative period will be
interrupted during the works, will be compensated. However, it is preferable for all crops to be harvested
before the beginning of the construction works in order to minimize compensation costs.
Land which will be affected by the project and the compensation aspect may be classified in the
following categories:
- Agricultural land for perennial crops: 26%;
- Agricultural land for non-perennial crops: 45%;
- Potential agricultural land or fallow land: 28.2%;
- Mining land (gravel and limestone quarries): less than 1%.
Teak and palm plantations have been identified as well as plantations of large trees and food crops etc.
Two quarries have also been identified: one for gravel and the other for limestone, whose operations
will be disrupted.
VII. LEGAL FRAMEWORK INCLUDING THE DISPUTE SETTLEMENT AND
REDRESS MECHANISMS
7.1 National Legal Framework
The legal framework comprises national texts dealing with the subject, policy and procedures governing
involuntary resettlement and related indemnification and compensation
7.1.1 Benin’s Land Texts
The main texts comprising Benin’s legal arsenal on which the land tenure system of the State and
individuals is based are relatively disparate. Much of it dates from the colonial period and requires
updating or revision. The main texts are:
- Act 65 – 25 of 14 August 1965 governing land ownership in Dahomey, Article 22 of
which determines two fundamental principles: (i) right to ownership for all; (ii) right to
fair compensation in the event of expropriation for public purposes, which could justify
the calling into question of ownership;
- The Decree of 2 May 1906, establishing a method for the written recording of
agreements reached between natives in French West Africa and the Decree’s
implementing instructions of 19 October 1906;
- Decree No. 56 – 704 of 10 July 1956, laying down the conditions of application of
Decree-Law no. 55-580 of 20 May 1955 on private and state-owned land and
reorganization in French West Africa and French Equatorial Africa.
- Order No. 773 / MF / EDT of 29 August 1972 on the reorganization of land registration
divisions in Dahomey;
- Order No. 9110 F of 22 November 1955 determining property transactions submitted
for formal authorization by territorial chiefs ;
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- Circular No.128 A. P. of 19 March 1931 containing the Dahomey Code of Customary
Law.
Implementation of tproject activities according to land law and related fields under it requires
compliance with the following series of legislative and regulatory provisions:
- Act 90-32 establishing the Constitution of the Republic of Benin stipulates in its Article
22 that every person has the right to his property. No one shall be deprived of his
property except for state-approved usefulness and in exchange for a just and prerequisite
compensation. This provision of the Constitution enshrines the protection of real
property, of which land is the fundamental element.
- Act 2007-03 of 16 October establishing a rural land tenure framework: this Act
henceforth lays down the principle of recognition of customary rights and their
protection in land tenure. In so doing, it makes the territorial community guarantor of
such recognition. Indeed, it is the mayor who authorizes on the territory of his/her
municipality the implementation of actions aimed at protecting customary land tenure
rights and who issues the subsequent legal instruments. In order to prevent or limit cases
of real estate fraud, the law requires that the process for registration of a plot of land in
the rural land registry be initiated through the mayor’s office.
- Pursuant to Act 2013-01 of 14 August 2013 establishing the land and domanial code of
the Republic of Benin as a solution to the problem of the precariousness of local
arrangements in rural land tenure disputes, Benin updated the different legal instruments
governing land tenure.
Pursuant to Act 2013-01 of 14 August 2013, the following 14 decrees were issued:
- Decree no. 2015-007 of 29 January 2015 concerning the responsibilities, organization
and functioning of the Land Tenure Consultative Council (CCF) ;
- Decree no. 2015-008 of 29 January 2015 concerning the responsibilities, organization
and functioning of the Land Compensation Fund (FDF) ;
- Decree no. 2015-009 of 29 January 2015 laying down modalities for exercising
preemption and leasing rights on preempted or expropriated buildings;
- Decree no. 2015-010 of 29 January 2015 concerning the responsibilities, organization
and functioning of the National State Land and Land Tenure Agency (ANDF) ;
- Decree no. 2015-011 of 29 January 2015 laying down modalities for the transfer against
consideration, conveyance without charge, the rental of land and immovable property
in the State private domain and territorial communities;
- Decree no. 2015-012 of 29 January 2015 laying down modalities and conditions for the
allocation, development and resumption of private State concessions in rural areas;
- Decree no. 2015-013 of 29 January 2015 concerning the standard composition and
functioning of Preliminary Investigation Commissions and compensation in the event
of expropriation for public utility;
- Decree no. 2015-014 of 29 January 2015 laying down conditions and modalities for the
development of rural land;
- Decree no. 2015-015 of 29 January 2015 laying down modalities for the division and
merging of land titles;
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- Decree no. 2015-016 of 29 January laying down conditions and modalities for
occupancy of the public domain;
- Decree no. 2015-017 of 29 January 2015 concerning the responsibilities, organization
and functioning of the Municipality and Village Land Tenure Management Committee;
- Decree no. 2015-18 of 29 January 2015 laying down modalities for establishing the
rural land tenure plan and confirmation of land tenure rights in accordance with the rural
land tenure plan;
- Decree no. 2015-29 of 29 January 2015 laying down modalities for the purchase of rural
land in the Republic of Benin; and
- Decree no. 2014-788 of 31 December 2014 concerning the reference framework for the
selling and rental prices for buildings in Cotonou in the State private domain.
7.1.2 Land Status
In accordance with the principles laid down in Act 2013-01 of 14 August 2013 establishing the Land
and Domanial Code of the Republic of Benin, land is broken down into several categories:
- Land held as individual or collective property;
- State public land and land belonging to the State but occupied by an individual;
- Public and private real estate of territorial communities;
- Family ownership; and
- Government-owned land for religious purposes.
It was noted that the confusion created by the co-existence of modern law and customary law was
addressed under this Law. Even though the law still recognizes the existence of customary law, it
organizes it with evidence of customary ownership. There are, therefore:
(I) Lands owned by customary communities and individuals: The State guarantees the right of ownership
to individuals and communities with a land title issued in accordance with the law as well as to any other
person or community that is entitled to customary tenure rights.
(ii) Land comprising public and private lands of the State and territorial communities: public land is
inalienable and indefeasible. In accordance with these principles, public land may not be the subject of
a sale or permanent ownership or a pecuniary or commercial proposition.
(iii) National land: national land comprises all land that could be classified in one or more of the above
categories. It is managed by the State which may redistribute it in all its forms. Indeed, Article 4 of the
Act stipulates that the land tenure regime in force in Benin is the one confirming land tenure rights. It
governs all rural, peri-urban and urban land and is based on involving both parties for the confirmation
of land tenure rights culminating in the issuance of a land ownership certificate.
The procedure for the confirmation of land tenure rights is focused on:
- Urban and peri-urban areas, confirmation of the rights on the basis of documents
relating to presumption of land ownership or a final court decision;
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- Rural areas, the confirmation of rights on the basis of documents relating to the
presumption of land ownership, the register of beneficiaries of the Rural Land Plan or a
final court decision.
The documents relating to presumption of ownership are: certificate of customary ownership,
resettlement certificate and tax notifications for the previous three years.
Access to land (Article 8) is, therefore, presented as follows:
- succession, ownership could be by succession in accordance with the provisions of the
Code of Persons and Family (Book Three of Act 2002-07 of 34 August 2004
establishing the Code of Persons and Family) and other applicable legal texts;
- donation, ownership may be by succession in accordance with the provisions of the
Civil Code, the Code of Persons and Family (Book Three of Act 2002-07 of 34 August
2004 establishing the Code of Persons and Family) and other applicable legal texts;
- Rental-lease, being an agreement whereby the seller transfers property to the purchaser
against payment of a fee to the owner or vice-versa;
- Will, ownership is transferred by a will in accordance with the Code of Persons and
Family (Book Three of Act 2002-07 of 34 August 2004 establishing the Code of Persons
and Family) and other applicable legal texts;
- Exchange, is a contract whereby a person transfers ownership of an asset in exchange
for another asset;
- Ownership by accession or incorporation, accession is the legal extension of the right
of ownership of a thing, all that it produces and everything that is joined to or
incorporated in it. It not only covers the immovable property itself, but also a number
of factors in compliance with the principle whereby the owner of the principal chattel
becomes the owner of the accessory.
7.1.3 Expropriation in the Public Interest
Expropriation in the Public Interest is regulated by the provisions of Title IV: infringement of property
rights, of Act 2013-01 of 14 August establishing the land and domanial code in the Republic of Benin.
Article 210 states that an infringement of property rights may consist of a restriction of property rights
for the purpose of urban and rural development and in the issuing of public utility easements. More
specifically, Article 215 provides supplementary information on the specific conditions under which
expropriation in the public interest may be carried out.
As regards procedure, the Act stipulates that the expropriation of buildings in whole or in part or rights
in terms of immovables in the public interest is carried out, if there is no amicable agreement, by court
ruling or against payment of fair and prior compensation (Article 211). A declaration of public utility (a
law, decree or order) indicating the geographical area concerned by the proposed community works and
stipulating the cut-off date (not exceeding 12 months) by which the expropriation should be completed,
is issued (Article 217).
Following the declaration of public utility, a public preliminary investigation under the authority of an
investigation committee chaired by the Minister, Prefect, the person responsible for the region or the
mayor depending or their representative depending on the case. The provisions of Decree no. 2015-013
of 29 January 2015 concerning the standard composition and functioning of Committees for Public
Preliminary Investigations and compensation for expropriation for public utility complement the Law.
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Compensation payments are mutually agreed by the parties concerned. They must cover the totality of
the direct, material and consequential damage caused by the expropriation. They are determined on the
basis of the content of the property, taking into account its value and, possibly, any capital gains or
losses incurred for the part of the non-expropriated part of the building as a result of the establishment
of the proposed structure.
Pursuant to Article 235, all types of transactions, modifications or improvements such as structures,
plantations, various facilities, procurement of goods that may have been effected at the building, industry
or business, even after the expropriation order, shall not give rise to compensation if at the time such
transactions, modifications or improvements were carried out or under whatever other circumstances, it
appears that they were carried out in order to obtain higher compensation. Once the parties have agreed
upon the amount of compensation to be awarded, an agreed minute is drafted and signed by all parties.
The expropriation file, including the minute, is submitted to the presiding judge at the location of the
property for the judicial phase. In the event of disagreement, a minute is also prepared and the matter is
referred to the Court in an ordinary letter or by referral of the first party to take action.
Other provisions of the Act stipulate the conditions for expropriation for public utility, namely the
emergency expropriation procedure, temporary occupation by the Administration of territorial
communities, restriction of property rights for purposes of regional development, urban planning or for
public utility easements constituting public land.
7.2 African Development Bank (ADB) Involuntary Resettlement Policy and directives
For the ADB, the integrated safeguard system (SSI) is applicable to the project through the following
five operational safeguards:
- Operational Safeguard 1: This operational safeguard is triggered since the project is
subject to the environmental and social assessment;
- Operational Safeguard 2: Involuntary reinstallation: This operational safeguard is
triggered because the project will affect owners of assets;
- Operational Safeguard 2: Biodiversity, renewable resources and ecosystem services:
this operational safeguard is triggered due to the fact that the project will affect flora in
the right-of-way of the lines and posts;
- Operational Safeguard 3: Prevention and control of pollution, hazardous materials and
efficient use of resources: This operational safeguard is triggered because of the risks
of water and soil pollution during works,
- Operational Safeguard 4: Working conditions, health and safety: This operational
safeguard is triggered because the nature of the work involves risks to health and safety.
Operational Safeguard OS2 – Involuntary Resettlement concerns Bank-financed projects that result in
the involuntary resettlement of persons and/or loss of sources of income or livelihoods
The specific objectives of the OS are as follows:
- Avoid involuntary resettlement where feasible, or minimize resettlement impacts where
involuntary resettlement is deemed unavoidable after all alternative project designs have
been explored;
- Ensure that displaced people are meaningfully consulted and given opportunities to
participate in the planning and implementation of resettlement programmes;
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- Ensure that displaced people receive significant resettlement assistance under the
project, so that their standards of living, income-earning capacity, production levels
and overall means of livelihood are improved beyond pre-project levels;
- Provide explicit guidance to borrowers on conditions to be met regarding involuntary
resettlement issues in Bank operations to mitigate the negative impacts of displacement
and resettlement, actively facilitate social development and establish a sustainable
economy and society; and
- Guard against poorly prepared and implemented resettlement plans by setting up a
mechanism for monitoring the performance of involuntary resettlement programmes in
Bank operations and remedying problems as they arise
The main points of convergence are: (i) Payment of compensation.
The points where national law is less comprehensive are: Displacement; Customary land owners;
handling of complaints and public consultation.
There are many points of divergence concerning:
- Eligibility of people for compensation;
- Cut-off date;
- Irregular occupants who are not covered by national law;
- Non-holders of a recognized property right are not mentioned in the national provisions;
- Resettlement assistance is not covered by national legislation; provide assistance for the
restoration of incomes and livelihoods (agriculture and stockbreeding),
- No alternatives to compensation are provided for under Beninese law with priority to
compensation in kind over compensation in cash, in particular for land where the land-
for-land option must be preferred wherever possible;
- participation of affected people in the entire resettlement process,
- vulnerable groups (socio-economic empowerment of women in the project area) which
does not constitute a priority in the treatment of PAPs;
- No economic rehabilitation is planned in Benin; and
- Monitoring and evaluation procedures with supportive measures (training, technical
support, low interest loans …) which do not exist under the law.
On the basis of the points of divergence, it was agreed by the Government and the Bank that the ISS
would be systematically applied where the national policy and legal framework did not meet the
requirements of the ADB.
7.3 Grievance Redress System
The project must set up a grievance redress mechanism through negotiation and amicable conciliation.
The management of complaints and conflicts will be the complete responsibility of the CTR. And
priority will be given to recourse to local bodies to provide PAPs with ease of access to them. Where
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negotiation and amicable conciliation do not lead to an agreement and the signing of an agreement
between the CTR and a PAP, the support structures for the RAP’s implementation will provide him/her
with the necessary information to enable him/her to express his/her discontent and duly submit his/her
claim and grievance.
7.3.1 Types of Grievances and Conflicts to be addressed
Several types of conflicts may arise during the resettlement process, which justifies a mechanism to
address certain grievances. The following problems may arise:
- Errors in the identification of PAP and valuation of property;
- Property ownership conflict (two or more affected persons claim ownership of a
certain property) ;
- Property valuation disagreement,
- Succession, divorces, and other family problems, resulting in conflicts between heirs
or members of the same family concerning ownership of partial ownership of a given
property;
- Disagreement on resettlement measures for example on the location of the
resettlement site on the type of structure proposed or on the geographic positioning;
- Conflict concerning ownership of a business or commercial activity (for example,
ownership of the business and the operator are different people which gives rise to
conflicts relating to the sharing of compensation.
7.3.2 Proposed Mechanisms
Registration of Grievances: In each sub-district concerned, the CTR will receive all the grievances and
claims relating to the resettlement process, review the facts and reach a decision in collaboration with
the Sub-District Head. It will also ensure that the resettlement is correctly carried out in the Sub-District.
The standard form for recording grievances, attached as annex to the FRP, will be used.
The grievance is submitted to the Sub-District Head who immediately forwards it to the CTR Secretariat.
An invitation is sent to the complainant 48 hours after receipt of the grievance for delivery the following
day. Thus, all complainants are received within 72 hours of filing their complaint at the office of the
Sub-District Head. The complaint may be written or oral but in any event, it must be recorded in
accordance with the standard registration form in annex.
7.3.3 Resolution Mechanisms:
Following receipt of the complaint, the select committee composed of the Sub-District Head, a CSS
representative , the land affairs service of the municipal authorities and the consultant responsible for
monitoring the RAP’s implementations receives the complainant. The minutes of his hearing are taken
in the presence of a bailiff commissioned by the CTR. If the grievance can be settled during this first
session, the Select Committee takes a decision and/or if this is not the case, has 72 hours in which to
provide the complainant with a response. Should the Select Committee be unable to resolve the
grievance, it refers the case to all the members of the CTR whose composition is attached in annex and
which must meet within 24 hours to deliver its decisions.
Under these conditions, the complainant may be satisfied either at the level of the Select Committee or
at the level of CTR. Should he/she not be satisfied at the first level, he/she may file a complaint against
the Select Committee’s decision before the CTR chaired by the Coordinator of the ‘ SBEE Dispatching
and Distribution Restructuring and Extension Project’ who has 72 hours to provide the complainant with
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a response, either by providing the complainant with a direct response or receiving him/her in the
presence of the other CTR members. If the complainant is not satisfied at this level, he/she may lodge
an appeal with the Ministry of Energy, Water and Mines which chairs the CTR Supervision Committee
and has a 5-day time line either to address the grievance or receive the complainant.
7.3.4 Administrative Provisions and Legal Recourse
If at the level of the Ministry of Energy, Water and Mines, the complainant is not satisfied, he/she may,
as a last resort, seek legal redress by filing a complaint before the court in his/her municipality of origin.
However, this is often a risky course of action. An appeal to the courts often requires considerable time
before the case is heard. Such a situation can lead to considerable costs for the complainant and requires
a complex mechanism (with experts and lawyers) which may often completely elude the complainant
and finally turn against him/her. Also, the courts are not supposed to be competent to rule on disputes
concerning illegally-owned property.
However, the works must not be blocked by litigation. In the event of persisting disagreement,
compensation amounts are paid into court pending its verdict. This allows the work to proceed normally.
VIII. INSTITUTIONAL FRAMEWORK
In order to consolidate the institutional and operational framework of the resettlement, it is important to
note that two land tenure regimes co-exist in Benin, the modern system and the customary system.
As regards the modern system, management of land acquisition and ownership falls within the remit of
a number of public institutions under the oversight of the: Ministry of Living Environment and
Sustainable Development (Urban Planning and Housing Department, National Geographic Institute,
Cadastral Survey Department); Ministry of Economy and Finance (Public Land Division of the Tax
Authority); Ministry of Energy, Water and Mines (CEB, SBEE, ABERME); Ministry of Agriculture,
Fisheries and Livestock; Ministry responsible for the Interior (Commission for Domanial Affairs);
Ministry responsible for Justice (Courts); Ministry of Decentralization (Municipalities).
At the municipality and perfectural level (Commission for Domanial Affairs, Departmental Council for
Consultation and Coordination), management of property acquisition and ownership falls within the
prerogatives of municipal and prefectural leaders. At the local level, municipal authorities are the main
actors in the management of land affairs. If land is unavailable, project coordination will be the
responsibility of the municipal authorities. In this case, there are two options: a grant from the municipal
authority or purchase from another landowner.
Concerning resettlement issues, the project’s institutional framework will also rely on the technical
services of agriculture (assessment of agricultural expenditures), forest resources (assessment of
expenditure on forest species), urban planning and housing (valuation of land and buildings), education,
prefects/mayors and judges. As regards project activities, the resettlement institutional framework
concerns:
- The SBEE Administration Department which initiates the resettlement procedure in
collaboration with the Project Management Unit (UGP) and the mayor’s office under
the administrative responsibility of the Prefect;
- The ABE to take into account the integration of the RAP into the existing procedure
relating to prior environmental authorization;
- The Technical Resettlement Committee CTR), an ad hoc structure which is responsible
for (i) organizing the communities or other implementing bodies of the SBEE
Dispatching and Distribution System Restructuring and Extension Project concerning
all the resettlement aspects to be developed under the project; (ii) assisting community
organizations (Neighbourhood Development Committee, Local Residents’ Committee,
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etc.); (iii) monitoring the expropriation procedure; (iv) supervising the compensation
process for people affected by the project works to be implemented by the Project
Management Unit (PMU); (v) receiving and resolving disputes linked to the
implementation of the Resettlement Action Plan (RAP) and/or Abbreviated
Resettlement Action Plan (ARAP); (vi) ensuring compliance with national laws and
regulations as well as AfDB’s OS-2 in the context of the resettlement activities; (vii)
submitting activity reports to the Project Management Unit (PMU) of the SBEE
Dispatching and Distribution System Restructuring and Extension Project.
For each municipality, the Technical Resettlement Committee will comprise the following: Chairperson
who will be the Prefect of the Department concerned (or his/her representative); Vice-chairperson who
will be the Mayor of the Municipality concerned (or his/her representative) a Secretariat which will be
the PMU and members (Rural Development officer (RDO) of the municipality concerned; Head of the
Municipality Initiatives Support Service (SAIC); Village Chiefs and neighbourhood leaders of the
villages/neighbourhoods concerned; sub-District heads concerned; a representative of the consulting
firm responsible for controlling the implementation of the measures recommended by the environmental
and Social Impact Assessment (ESIA), in particular, the Environmental and Social Management Plan
and Resettlement Action Plan (RAP); a Representative of the Consulting Firm responsible for the
technical control of the works; a representative of the consulting firm for the implementation of the
environmental and social component; a representative of a citizens watchdog NGO or Youth Association
or Women’s Association or Development Association of the municipalities concerned; three
representatives of the population selected from among PAPs, grassroots community organizations,
village elders, traditional authorities, depending on the case by municipality).
All these actors grouped together in the Technical Resettlement Committee (CTR) by Ministerial Order
for the works to be implemented under this project, will also intervene regarding the implementation of
the measures of this Action Plan for the resettlement of affected people. The CTR or any other
resettlement body will contact the deconcentrated technical services for further information required to
facilitate decision-taking. The CTR may call on any other expertise it deems necessary.
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IX. ELIGIBILITY
9.1 Eligibility
According to the AfDB Operational Safeguard 2, the following three (3) categories are eligible for the
resettlement policy of the SBEE Dispatching and Distribution System Restructuring and Extension
Project:
a- Those who have formal legal rights to land, including customary and traditional rights)
or other assets recognized under the laws of the country concerned. This category
generally includes people who are physically residing at the project site and those who
will be displaced or may lose access or suffer a loss in their livelihood as a result of
project activities;
b- Those who may not have formal legal rights to land or other assets at the time of the
census/evaluation but who have title deeds that can prove that they have a claim that
will ll be recognized under the customary laws of the country, provided such title deeds
are effectively recognized by the laws of the country or may be as part of a process
identified in the resettlement plan; and
c- Those who have no recognizable legal right or claim to the land they are occupying in
the project area of influence and who do not fall into either of the two categories
described above, if they themselves or witnesses can demonstrate that they occupied the
project area of influence for at least six months prior to a cut-off date established by the
borrower or client and acceptable to the Bank (these groups may be entitled to
resettlement assistance other than compensation for land to improve their former living
standards).
Affected people under the above-mentioned points (a) and (b) receive compensation for the land they
lose or other resources confiscated for the requirements of the project. Affected people under point (c)
receive resettlement assistance instead of compensation for the land they occupy and any other
assistance that will contribute to the achievement of the set objectives, provided that they have occupied
the land in the project areas prior to the aforementioned cut-off date. In general, in the absence of a
legally recognized land title, project affected people will remain entitled to compensation. However
those who occupy areas for displacement/compensation after the cut-off date are not eligible for
compensation or any other form of assistance.
In the case of works in the municipalities of Lokossa, Dogbo, Djakotomey and the other localities,
project affected people who are eligible for resettlement fall within the following main categories:
- People living in the project right-of-way,
- People farming in the project right-of-way,
- People living and farming in the project right-of way on a seasonal basis, and
- People with an asset or installation in the right-of-way.
9.2 Cut-Off-Date for Eligibility
All the people affected by the project activities shall benefit from compensation which will be calculated
from a specific date called the deadline for eligibility or the cut-off date. According to AfDB SO-2, a
deadline for eligibility or cut-off date will be determined on the basis of the probable implementation
schedule of the sub-project. The cut-off date corresponds to the date:
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At the end of the census operation to determine households and assets eligible for
compensation plus a seven (7) day period to post lists in the different sub-districts and
neighbourhoods so that the people concerned can prepare possible claims during the
preparation phase of this RAP; this is the only period during which households and
assets in the rights-of way to be displaced are eligible for compensation;
After which period, households who might occupy the rights-of-way will no longer be
eligible for compensation.
The cut-off-date for this RAP was 7 May 2016 which marks the end of operations relating to claims in
the last of the municipalities concerned. The following dates should be considered by municipality:
Djakotomey: 5 May 2016
Dogbo: 5 May 2016
Lokossa: 7 May 2016
Any alterations made to the previously identified assets prior to the expropriation order, do not give rise
to compensation if at the time they were made or under whatever other circumstances, it appears that
they were carried out in order to obtain higher compensation. Those who have settled on the site after
the cut-off date will not be eligible for compensation. The aim of this provision is to prevent any change
in the value of the asset following the announcement of the operation to implement project activities.
Very often, the announcement of the project’s implementation is alone sufficient to provoke an increase
in the value of the area which it would not be fair for the State alone to cover. Photographs of the affected
assets are presented in annex to this resettlement plan.
X. VALUATION AND COMPENSATION OF LOSSES
10.1 Project-Specific Compensation Rates
10.1.1 Basis for Fixing Rates
Cash compensation of PAPS is prioritized under this project for the loss of agricultural land and assets
located on it. The basis for fixing compensation varies depending on the type of eligible assets and
activities. In the context of this RAP, the following compensation principles have been adopted:
Compensation for loss of trees in the works right-of-way: No resettlement assistance is possible for the
loss of any tree with a circumference of 25 cm measured one metre from ground level. However, there
are plans to provide compensation equivalent to the: (i) cost of the tree weighted by the cost of first
harvest for fruit trees; (ii) the estimated selling price of a full grown tree for assumed cost for non-fruit
trees.
Compensation for the loss of oil palms: In this case, no compensation is possible. For any loss of an
ordinary oil palm which has begun to produce clusters, compensation is calculated on the basis of the
cost of the tree weighted by the cost of the first harvest. For any loss of a selected oil palm, compensation
is calculated on the basis of the following rates: (i) Cost of investments since planting, if the selected oil
palm is not yet in production. (ii) Cost of the selling price of the tree weighted by the cost of probable
harvests up to the growth of a new tree.
Compensation for the loss of seasonal crops: No resettlement assistance is envisaged. It will be up to
the owner of the crops to carry out the harvest. If appropriate, compensate at the cost of the harvest
during the bridging period (highest cost).
Compensation for the loss of building land: No resettlement assistance is planned. Compensation is
based on the full cost of the land.
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Compensation for the loss of quarries: No resettlement assistance is envisaged. Compensation will be
calculated on the basis of the full value plus a lumpsum for the cost per m2 destroyed for the extraction
of the resource (gravel, limestone).
Compensation for the loss of structures in the works right-of-way (works, sheds, kiosks, awnings etc.…): At this level, there are plans to provide resettlement assistance covering the dismantling of the
structure, its transportation and reassembly elsewhere and for other purposes. Compensation for this
type of asset factors in the cost of removal, the reassembly cost and support for the temporary loss of
custom. Furthermore, in the neighbourhoods and villages in the municipalities concerned by the
project’s ’grid extension’ (medium and low voltage)’ component, the following situations are
encountered: (i) trees to be felled on public roads. (ii) Occupation of public roads: shops, terraces,
workshops and sheds etc.: several cases some of which should be displaced and others not. Therefore,
there are plans to provide resettlement assistance covering the dismantling, transportation and re-
assembly of affected structures.
In light of the foregoing, the compensation scales are presented as follows.
10.1.2 The basis for calculating unit baseline values
This concerns the unit prices of the different types of works that could be implemented as part of the
resettlement assistance. In particular, these costs cover the dismantling and transportations of the
structures. The main bases for determining the values are:
- For demolition, dismantling and construction works: unit prices by quantities of
materials on the basis of market trends for building construction in 2015.
- For the construction of structures: reconstruction cost, including materials and labour,
on the basis of market trends.
10.2 Modalities for Providing Resettlement Assistance
In order to ensure the effectiveness of the resettlement assistance measure and prevent this approach
from being diverted from its main objective, the Technical Negotiation Committee, in a bid to ensure
the sustainability of the social compensation approach for the implementation of grid extension works
in the beneficiary municipalities, will opt for assistance which does not require a financial transaction.
Assistance will, therefore, assume the form of services to be provided to the affected people under the
Technical Negotiation Committee and the Project Management Unit (PMU).
XI. IDENTIFICATION OF POSSIBLE RESETTLEMENT SITES, SITE SELECTION,
SITE PREPARATION AND RESETTLEMENT
The alignment option selected has avoided population displacement to the maximum extent possible.
No rehousing of PAPs is envisaged. Consequently, no resettlement site will be useful. There is no
rehousing under this project that would require measures to be taken to identify resettlement sites.
XII. HOUSING, INFRASTRUCTURE AND SOCIAL SERVICES
Under this project, no housing or social, health and economic infrastructure is affected. As a result, there
will be no rehousing of PAPs involving measures necessary to provide access to housing, infrastructure
and social services.
XIII. ENVIRONMENTAL PROTECTION
Environmental protection will be carried out in compliance with the Environmental and Social
Management Plan (ESMP) contained in the Environmental and Social Impact Assessment.
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XIV. IMPLEMENTATION SCHEDULE
The implementation schedule for the Resettlement Action Plan is designed over a period of about eight
(months) as set out below. It will be implemented prior to effective works commencement.
Activities Months
01 02 03 04 05 06 07 08
Establishment and installation of PMU
Preparatory work (issuance of various decrees, establishment of the
Interministerial Committee, Recruitment of different consultants)
Establishment of Technical Resettlement Committees (one CTR per
municipality)
Preparation and validation of the Work Plan for each CTR –
establishment of other CTR support bodies CTR (CPS, CTN, CSS…)
Grievance Management Mechanism
Information for PAPs – Preparation of statements of affected assets
drawn up by both parties - Validation of final listing (Consultation
with PAPs) – Validation of compensation amounts – compilation of
individual PAP files – Conclusion et signature of individual
expectations – RAP implementation
Technical Support to Vulnerable PAPs
Compensation payments to PAPs
Gathering/Processing/ Management of claims and grievances
Clearing of rights-of-way and works start-up
Preparation and submission of final RAP implementation report
XV. COSTS AND BUDGET
The total cost for RAP implementation is CFAF 1,734,542,250 (see table below).
N0. HEADING COST
1 Operation of CTR (Lokossa, Dogbo and Djakotomey) and other support bodies 36,000,000
2 PAP Compensation For plots 947,100,000
For annual/perennial crops and trees 345,800,000
3 Assistance measures targeting vulnerable PAP (1% of PAP compensation cost) 12,929,000
4
Provisions for possible additional/omitted/uncertain PAP + additional vulnerable
PAP following supplementary surveys (2% of PAP compensation cost)
25,858,000
5
Costs relating to consulting services (surveyor, environmentalist, sociologist, legal
officer specialized in land tenure and a bailiff) (20% of PAP compensation cost)
258,400,000
6 Provisions for RAP monitoring and evaluation (2% of PAP compensation cost) 25,858,000
TOTAL 1,651,945,000
7 Contingencies (5% of Total Budget) 82,597,250
Total RAP Budget 1,734,542,250
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XVI. MONITORING AND EVAUATION
To ensure PRESRDI’s smooth implementation, it will be necessary to establish a monitoring and
evaluation mechanism to verify if RAP is implemented in accordance with the previously agreed upon
plan and to the satisfaction of the PAP and other stakeholders (local communities, AfDB, SBEE etc..),
and if necessary whether any problems had arisen in the plan. The main objective of the Monitoring and
Evaluation Process is to ensure that the main objectives of the Resettlement action Plan are achieved.
To that end, the supervision and monitoring measures should provide effective reporting on the
implementation and effectiveness of the resettlement plan measures by proving that affected people have
effectively received fair and equitable compensation before vacating their land, losing their property or
even having it demolished and that their living conditions are equivalent to, or better than they were
before the project’s implementation. Monitoring and evaluation of the actions proposed in the RAP will
prioritize the achievement of these objectives.
This activity will, above all, be carried out by a supervision committee. A specific budget has been
provided to that effect. It includes regular controls of the status of operations, site visits and regular
meetings. The Benin Environmental Agency (ABE) will also monitor the implementation of the
Resettlement Action Plan.
Monitoring of the implementation of the resettlement plan measure is above all the responsibility of the
Ministry of Energy, water and Mines, the service provider and Technical Resettlement Committee in
accordance with the schedule set out above.
16.1 Monitoring Indicators
For the different resettlement plan measures, appropriate indicators will ensure effective reporting on
the measures’ implementation. The main indicators are:
Number of satisfied PAP;
Number of grievances registered;
Number of grievances efficiently processed;
Number of new PAP;
Number of vulnerable PAP satisfied; and number of kiosks, sheds and huts
reconstructed;
16.2 Supervision and Monitoring carried out by SBEE
SBEE must strictly supervise the implementation of the recommended measures. The Department of
Environment of SBEE will ensure the implementation of the RAP as it had already to do so for another
project financed by AfDB. The Environmental Department at SBEE will act as a focal point and is the
interface between ABE and the developer (SBEE). With ABE, it will organize working sessions and
field visits as part of the project’s environmental monitoring.
It will be assisted in this task by consultants (surveyor, environmentalist, sociologist, legal officer
specialized in land tenure and a bailiff) mandated by it for that purpose. Each consultant will report in
his/her own area of competence on his/her activities at the end of the mission in the form of review
reports. These reports are intended for the developer who, in turn, will report to the Benin Environmental
Agency (ABE).
16.3 Monitoring and Control Carried out by the Benin Environmental Agency
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It has been proposed that the implementation of the Resettlement Plan measures be placed under the
supervision of an external body, in this case the Benin Environmental Agency (ABE). This structure,
which justifies an established experience, does in fact have a mandate to control and monitor
resettlement operations as well as implementation of the Environmental and Social Management Plan.
In order to implement these monitoring activities a minimum two (2) year period is required. This
structure’s intervention could be carried out in three main stages: (i) monitoring of RAP implementation;
(ii) monitoring of ESMP implementation from commencement to completion of works implementation;
and (iii) monitoring of residual impacts during the operational phase.
At the end of each stage, ABE will draw up a report for submission to the Ministry of Energy, Water
and Mines for possible new remedial measures to be taken. In addition, a survey on the implementation
of the resettlement plan is planned one year after its effective implementation. It will be necessary to
take stock of the PAP resettlement operations and take note of their possible concerns. Control and
monitoring of measures to be taken in favour of the affected communities will include visits to the
localities concerned by the Project, in order to ensure by controlling the documents prepared and through
discussions with the populations concerned, that the inventories of affected assets and compensatory
amounts have been rigorously established and in the interests of the people concerned and that the related
compensation has been effectively paid within the stipulated timeframes and in the planned amounts. For all these services, the project will have to earmark a budget for ABE corresponding to the costs
incurred for field missions and the mobilization of specialized professionals.
16.4. Monitoring by the African Development Bank and Associates
Several supervision missions will be carried out by the technical and financial partners in order to
ascertain the progress made by the project from its preparatory phase, through the actual works to the
operational phase. These missions will help to assess both the implementation of the Environmental and
Social Management and the PAR contained in it. Staff of the ADB’s Energy, Environment and Climate
Change Department will participate in the delegations for these different evaluation missions
XVII. REFERENCES AND CONTACTS
17.1. References
Resettlement Action Plan (RAP) of the SBEE Dispatching and Distribution System
Restructuring and Extension Project (PRESRDI) - Jacques-Marie S. BOKO,
Environmental Assessment Consultant – January 2017.
Environmental and Social Impact Assessment (ESIA) of the SBEE Dispatching and
Distribution System Restructuring and Extension Project (PRESRDI) - Jacques-Marie
S. BOKO, Environmental Assessment Consultant – January 2017.
17.2 Contacts
For any further information, please contact:
SBEE
- Jean-François HODONOU, SBEE engineer, email. [email protected]
ADB
- Bassirou DIALLO, Chef de Division RDGW1, email. [email protected]
- Djamali IBRAHIME, Analyste Financier Supérieur, RDGN1, email. [email protected] - Modeste KINANE, Environnementaliste Principal, SNSC, email. [email protected]
- Pierre Hassan SANON, Spécialiste Principal en Développement Social, SNSC, email.
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