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Language: ENGLISH

Original: French

COUNTRY: REPUBLIC OF SENEGAL

Increasing Multipurpose Water Supply Along the Louga-Thies-Dakar Line, from the Keur

Momar Sarr Station

SUMMARY OF THE RESETTLEMENT ACTION PLAN

SAP Project Code: P SN EA007

Department: OWAS Division: OWAS.1

Date: June 2016

Team

Team Leader: M. NDIAYE, Senior Water and Sanitation Engineer, OWAS.1

Team Members: B. CISSE, Senior Financial Analyst, OWAS.1

S. BARA, Senior Socio-economist, OWAS.1

B. KOKOUME, Operations Assistant, OWAS.0

O. OUATTARA, Principal Financial Management Officer,SNFO

S. MAIGA, Procurement Officer, ORPF.1/SNFO

S. KITANE, Environmentalist, SNFO

A. B. SY, Water and Sanitation Engineer, Consultant

Sector Division Manager: Ms. M. MOUMNI

Sector Director: M. M. EL AZIZI, Director OWAS/AWF

Regional Director: M. BERNOUSSI A., Director ORWA

Peer

Reviewers

Mr. TONATO JOSE, Chief Urban Development Expert (OITC.0)

Mr. Pierre DJAIGBE, Principal Energy Expert (ONEC.1)

Mr. Bruno ZALI, Water and Sanitation Expert (OWAS.1/CDFO)

Mr. Alfred R. OUEDRAOGO, Social Development Expert (OSHD/BFFO)

AFRICAN DEVELOPMENT

BANK GROUP

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1. DESCRIPTION OF THE PROJECT, PROJECT LOCATION AND PROJECT

AREA

1.1 Project Description

The overall project to build a treatment plant at Keur Momar Sarr and increase water supply along

the Louga-Thies-Dakar line is a comprehensive and coherently-designed operation that will be

jointly financed (in parallel) by AFD, EIB, IsDB, World Bank, ADB and the Government of

Senegal. The ADB’s intervention will focus on multipurpose water management and developing a

component on the construction of infrastructure for agricultural and vegetable production.

The main expected outputs are: (i) construction of a third water treatment and pumping plant at Keur

Momar Sarr (KMS3) with a capacity of 100,000 m3/day; (ii) laying of a water transmission pipe

between the plant and Thies, and between Thies and Dakar, over a distance of about 216 km; (iii)

construction of 2 (two) storage tanks, each with a capacity of 10,000 m3, in Thies and 3 (three)

distribution tanks in Thies, Blaise Diagne Internatioinal Airport (AIBD) Neighbourhood and

Diamniadio; (iv) installation of the main supply and distribution networks; (v) building of

distribution network extensions and the installation of 85,000 household connections; (vi) building

of infrastructure to support the production and marketing of agricultural and market gardening

products; and (vii) development of an IEC programme to raise awareness and assist communities

before, during and after the project.

The project pipeline (ALG 3), which will cover a total distance of 216 km, will triple the network

and its 30-metre right-of-way encroaches on that of existing lines (ALG 1 and ALG 2).

The Project to Increase Multipurpose Water Supply along the Louga-Thies-Dakar Line, from the Keur

Momar Sarr Power Station is the ADB's operation within the overall project.

Detailed preliminary designs have led to the identification of numerous constraints relating to:

- the crossing of waterways and mud plains;

- the crossing of roads or railways;

- the presence of networks of concessionaires;

- a specific topography; and

- the connection of other existing sites.

From the strategic standpoint, this operation is a development project aimed at securing community

water supply and promoting the development of agricultural and market-gardening activities in the

regions of Louga, Thies, and Dakar by 2025. It is consistent with the Emerging Senegal Plan,

especially regarding: (i) the structural transformation of the economy and growth; and (ii) human

capital, social protection and sustainable development.

Despite the improvements expected, especially in access to drinking water in urban and rural

areas, but also in the development of agricultural and market-gardening activities, the investments

planned under the project are likely to generate adverse social impacts pertaining to loss of land or

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other socio-economic assets.

The Resettlement Action Plan (RAP), which is being finalized, will ensure a fair compensation for

all persons affected by the project (PAPs), in accordance with Senegalese law and ADB guidelines

on the involuntary displacement of communities.

1.2 Project Area

The impact area of the overall project to build a third drinking water treatment plant at Keur Momar

Sarr and reinforce the network downstream has the particularity of spanning 3 (three) Regions and

5 (five) Departments as follows:

• the Louga and Kebemer Departments in the Louga Region;

• the Tivaouane and Thies Departments in the Thies Region; and

• the Rufisque Department in the Dakar Region.

The impact area of the project to build the third water treatment plant at Keur Momar Sarr for water

supply to the Dakar region covers a distance of 216 km. Within this relatively long distance lies a

very large number of localities affected by the laying of pipes. Indeed, some 20 municipalities in total

will be affected by works in the three project regions. Most of these municipalities are located in the

departments of Louga (5), Kebemer (5) and Tivaouane (4), and the others are located in Thies (2) and

Rufisque (2).

2. POTENTIAL IMPACT

2.1 Positive Impact

During the works phase, the project may be a major source of employment: it presents a high

capacity for recruiting skilled and unskilled labour.

During the operational phase, the main positive impact remains the significant reduction of drinking

water shortage in the Dakar region and the connection of some upstream localities to the drinking-

water-supply network.

2.2 Negative Impact

Property affected by the project falls exclusively under the following categories:

loss of cultivated or uncultivated farm land;

loss of land for residential or commercial use;

loss of equipment and fixed agricultural structures (fences, wells, chicken coops,

shelters etc.);

loss of permanent structures for residential use (buildings and/or equipment);

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loss of makeshift structures for residential use;

loss of agricultural income (including from tree production);

loss of commercial income (business premises);

loss of trees due to felling;

loss of community property (health posts, maternal and child health care [MCH]

centres, mosques etc.).

loss of rental income (landlords); and

loss of temporary homes (PAP tenants).

The classification of these losses by PAP categories, revealed a total of 1,606 persons directly

affected by the project, excluding items in sacred places (mainly cemeteries which were avoided).

These costs are broken down as follows:

Types of Losses No. of PAPs %

Farm losses 1017 63.33%

Loss of homes 489 30.45%

Loss of business premises 55 3.42%

Loss of community property 45 2.80%

Total 1606 100%

3. ORGANIZATIONAL RESPONSIBILITY

The entities most involved include SONES; the Departmental Census and Expenditure Evaluation

Commissions (CDREI) established in each Department and tasked with valuation of the property

affected by any given operation involving expropriation of individuals or corporate bodies; and the

conciliation commissions tasked with endorsement, on amicable terms, of the compensation

amounts to be paid to expropriated persons.

During drafting of the RAP, SONES signed a memorandum of collaboration with the various

CDREI responsible for:

- conducting a reconnaissance mission within the project right-of-way jointly with

SONES and the consultancy firm managers;

- raising the awareness of persons affected by the project;

- identifying and evaluating expenditure;

- establishing the land tenure situation and the type of occupancy in the project site;

and

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- communicating the census results and the attendant expenditure assessment to

SONES.

During the RAP implementation phase, these entities have to validate the census data; conclude

compensation agreements with the PAPs; operate the committee monitoring the RAP of PAPs;

record, manage and monitor the complaints of PAPs; and lastly, monitor RAP implementation.

4. COMMUNITY PARTICIPATION

Community participation is consistent with the logic of involving stakeholders, including the

technical services (through the Departmental Census and Expenditure Evaluation Commissions

(CDREI)), PAPs and municipalities in order to highlight the social issues of the project and

efficiently contribute to its sustainability.

Consequently, the communities were consulted throughout the RAP drafting process. The results of

these public consultations are summed up in the sections below.

4.1 Information of Persons Affected by the Project

In January 2016, meetings were initiated with key stakeholders involved in the preparation and

implementation of resettlement operations, namely, administrative authorities at the regional and

departmental levels, through the CRDs and the CDDs in the regions of Thies (8 January 2016) and

Louga (7 January 2016) and in the departments concerned, i.e. Louga, Kebemer, Tivaouane and

Thies.

Similarly, and in keeping with the inclusive approach, public information sessions were held with

prefects of departments and village chiefs, who are an essential link within the administrative setup,

in that they are the entry point for identifying and reaching PAPs.

4.2 Concerns of Stakeholders

The main concerns expressed by various categories of stakeholders are:

the risk of frustration within communities which suffer the negative effects of the

project without being able to enjoy its benefits; for instance, they have no access to

good quality water for their various needs, and especially for drinking;

the risk of a shortfall between the donors’ benchmark and national rates, which could

constitute a stumbling block, especially as the communities have expressed

preference for compensation methods that are based on donors’ principles;

the delicate question of public buildings existing within the project right-of-way and

which should be addressed jointly with the local communities; and

the disparity in rates applied by various projects executed within the same areas,

giving rise to frustration in people who were compensated in strict compliance with

the provisions of domestic legislation.

4.3 Expectations and Recommendations

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To ensure a sustainable approach in the execution of the resettlement plan, the various stakeholders

formulated the following guidelines and suggestions:

consider harmonizing the compensation rates for various projects executed within

the same area to alleviate the frustrations of persons who have been unfairly treated;

apply compensation principles that take account of the magnitude of loss suffered,

especially farm losses which must be calculated based on several years of production

to benefit PAPs, as was the case under AIBD;

factor land into the compensation to avoid penalising those who purchased the land;

and

encourage the recruitment of local labour.

The social survey, which characterized PAPs by determining their profiles based on their socio-

economic characteristics, is also an opportunity to gauge the magnitude of the loss suffered by each

PAP and his/her household, identify corrective and rehabilitative measures, and also explore their

resettlement preferences.

4.4 RAP Data Validation Sessions with PAPs

With a view to consolidating the census data and building PAPs’ confidence in the process, sessions

were organized to validate the survey results, share RAP guidelines, hear PAP expectations and

recommendations and define an inclusive framework for consultation throughout the process. These

meetings were organized in each of the local communities within the project impact area.

5. INTEGRATION WITH HOST COMMUNITIES

The project will result in permanent loss of homes on account of the planned facilities. These

affected households are therefore eligible to resettlement in host sites of their choice. Only 9.32%

of PAPs who are concession owners requested for replacement of their lands and homes on a new

site. Consultations are underway to identify host sites. In essence, this will entail redeployment from

one neighbourhood to another with the consent of the neighbourhood chief. However, all necessary

measures will have to be taken to resolve any disputes that may arise between the displaced and

host communities.

Given the relatively small number of people who will be physically relocated along the project

pipeline alignment, no measures need to be taken to increase public services (education, water,

health and production) in host communities to make them comparable to those provided to displaced

persons.

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6. SOCIO-ECONOMIC STUDIES

Socio-economic studies, with the identification of persons affected by the project (PAP) and the

inventory of affected property, are a critically important phase in the RAP development process.

These studies entail collecting, processing and analysing the socio-economic data of the project area

to establish a baseline for assessing the attainment of RAP objectives. The impact area of the overall

project to build a third drinking water treatment plant at Keur Momar Sarr and expand the network

downstream, has the particularity of spanning three (3) Regions and five (5) Departments.

The three regions through which the project pipeline runs have contrasting population densities. The

Louga Region has the lowest population density (35 ihbts/km2) relative to the national average of 65

ihbts/km2, especially in its northern part, compared to that the Dakar Region (5735 inh./ km2) and

Thies Region (268 inh./km2). Indeed, the northern part of the Louga Region is a vast expanse of

grazing land for livestock, especially sheep, and has almost no inhabitants (the only visible human

settlements are some Fulani hamlets and a settlement area south of the zone). However, the Louga

Region has some relatively big towns, in terms of the number of inhabitants and the volume of

available services, especially the municipalities of Louga and Kebemer.

The results of preliminary socio-economic surveys show that the population affected by the project

is mainly composed of the youth and women living in several households. The project impact area

has conventional households, although collective households, such as the "Darha" also exist. Most of

these households are headed by men. The size of the majority of households is consistent with the

national trend (8 individuals). In general, households headed by men are larger than those headed by

women. Most of the households within the project right-of-way are extended-family households.

Nuclear-family households are rare. The initial trends revealed by survey data show a predominance

of agricultural PAPs (56.83%), of which nearly 93% are men. Approximately 40% are PAPs are

people who have lost their homes, of which 89% are male. Other persons affected by the project are

those who own business premises (1.7%) or whom are tenants (1.7%).

The main ethnic groups encountered within the project area are: the Wollof (64%), Pulaar/Toucouleur

(7%), and Serer (19%). The Lebou (1%), Mandingo (1%) and Bambara (1%) are the ethnic minorities

within the project area. Unusually, approximately 3% of PAPs failed to specify their ethnicity. The

main religions practised by the PAPs are Islam and Christianity.

Geographical access to basic socio-economic infrastructure remains real. Indeed, all of the localities

that will be affected by the works, have educational institutions (primary, secondary and high schools

as well as Koranic schools) and health facilities (health posts, health centres and hospitals) that are

used by the communities. The inhabitants have access to drinking water supplied from boreholes,

from the SONES network, especially in the departmental capitals, and from traditional wells,

especially in rural areas.

Like other Senegalese farming households, those in the project impact area are small farmers, given

their farm sizes (less than 5 hectares). The number of farming households with a larger farm size

remains low. However, within this project area, many multipurpose plots will be affected by the

construction work. These include cultivated or uncultivated farmlands, especially orchards and farms

on which various crops are grown.

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7. LEGAL FRAMEWORK, INCLUDING DISPUTE SETTLEMENT AND APPEAL

MECHANISMS

The legal framework for landed property is based on Act No. 64-46 of 17 June 1964 and the

amended implementing Decrees Nos. 64/573 and 72/1288 of 30 July 1964 and 27 October 1972

respectively, which specify the practical arrangements for managing national lands. Land allocation

is personal and individual (Article 19 of Decree No. 64-573) and cannot be subject to transactions.

Its duration is unlimited and confers user rights on the recipient (see above-mentioned article). Land

may be allocated either to a member of the community or to several members grouped into

associations or cooperatives (Article 3 of Decree No. 72-1288 of 27 October 1972). It is worth

noting that the deliberations of the Rural Council on the assignment or withdrawal of land, are

enforceable only after they have been approved by the Administrative Authority.

In principle, land is allocated for an indefinite period of time. However, such allocation may be

terminated due to misconduct by the recipient, at the recipient's request or for reasons of public

utility.

Decommissioning on "public interest" grounds is provided for in Article 15(2) of Act No. 64-46 of

17 June 1964. It may be justified either by ad hoc operations or a desire to undertake a general

revision of allocations. Examples of the first category are decommissioning to establish rangeland

for livestock, build water supply facilities, and land allocation for the construction of residential

premises: Articles 11 and 14 of Decree No. 72/1288. Moreover, pursuant to Article 12 of Decree

No. 72/1288, the Rural Council may request for a general review of allocations if demographic or

cultural changes so require. In this case, the decision must be adopted by a majority of 3/4 of its

members and approved by Decree.

Decommissioning as a sanction, pursuant to Article 20 of Decree No. 64/573, can be effected de

jure, one year after a formal notice goes unheeded for the following reasons:

- poor development resulting from, inter alia, improper maintenance or failure to

comply with the rules applicable to the land; and

- failure by the beneficiary to reside on or personally develop the land assigned to

him/her.

In case of decommissioning on public-interest interest, the recipient shall receive a new

compensatory plot equivalent to the previous one. In the event of reallocation of the land, the new

recipient shall pay compensation to the former owner or his/her heirs that is equivalent to the value

of structures and pending harvests, as estimated on the date of reassignment.

Expropriation: In matters of expropriation and compensation, the primary instrument applicable at

the national level remains Act No. 76/67 of 2 July 1976 and its implementing decree. Other

instruments are also applicable, namely: Act No. 2011/07 of 30 March 2011 governing land

ownership; Decree No. 64/573 of 30 July 1964 defining the conditions for implementing Act No.

64/46 of 17 June 1964 governing national lands; Decree No. 64/574 of 30 July 1964 implementing

Article 3 of Act No. 64/46 of 17 June 1964 on national lands and authorizing temporary registration

for occupants who have made permanent developments on the land; Decree No. 80/1051 of 14

October 1980, repealing and replacing Articles 2, 8, 14, 19 and 20 of Decree No. 72/1288 of 27

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October 1972 governing the conditions of assignment and decommissioning of national lands in

rural communities.

African Development Bank (ADB) Policies Governing Involuntary Displacement of Persons

Operational safeguard 2 - Involuntary resettlement, concerns ADB-funded projects which result in

the involuntary resettlement of persons.

It entails: (i) relocation or loss of housing by persons residing in the project impact area; (ii) loss of

assets (including the loss of structures and property of cultural, spiritual, and social importance) or

the restriction of access to assets, including national parks, protected areas or natural resources; and

(iii) loss of income sources or livelihoods due to the project, regardless of whether affected persons

are displaced or not.

The specific objectives of this operational safeguard are to:

- avoid involuntary resettlement as much as possible or mitigate its impact when it is

inevitable, after all alternative designs of the project have been considered;

- ensure that displaced persons are effectively consulted and that they are able to

participate in the planning and implementation of resettlement programs;

- ensure that displaced persons receive substantial resettlement assistance under the

project, such that their living standards, income-generating capacity, output, and

livelihoods are improved beyond pre-project levels;

- provide borrowers with clear guidelines on the conditions that must be met regarding

involuntary resettlement in Bank operations, in order to mitigate the negative impacts

of displacement and resettlement, actively facilitate social development and establish

a viable economy and society; and

- establish a mechanism for monitoring the performance of involuntary resettlement

programmes in Bank operations and find solutions to problems as they arise, in order

to hedge against poorly prepared and poorly implemented resettlement plans.

Consistency between Senegal's Legal Framework and the ADB Procedures

The main points on which ADB policies call for the need to go beyond the applicable national

regulations concerned are as follows:

- give priority to compensation in kind rather than in cash; as concerns land in

particular, the "land for land" option should be preferred wherever possible;

- pay compensation at full replacement value, where cash compensations are

applicable (fruit trees, crops, houses etc.);

- assist in restoring incomes and livelihoods (agriculture, livestock); involve PAPs in

the resettlement process;

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- support vulnerable persons; ensure the socio-economic empowerment of women in

the project area; and

- ensure monitoring/evaluation, coupled with attendant measures (training, technical

support, subsidized loans...).

Grievance Redress Mechanism

Conflict resolution and grievance redress mechanisms will be characterized by: (i) appropriate

communication that provides detailed explanation; involvement of PAPs from the beginning to the

end of the process; (ii) recourse to arbitration by community elders; (iii) the Conciliation

Commission; and (iv) recourse to law courts. Overall, the dispute settlement options are as follows:

o amicable settlement through local mediation committees;

o amicable settlement through conciliation commissions;

o Amicable settlement through the RAP Steering Committee;

o Amicable settlement agreement through the Regional Representative of the State

Ombudsperson; and

o settlement via litigation.

SONES will establish a mechanism for conducting negotiations and conciliation on amicable terms.

Priority will be given to settlement by local authorities to ensure that PAPs have easy access to this

solution locally. When negotiation and conciliation on amicable terms do not lead to an agreement

and the conclusion of an agreement between SONES and a PAP, RAP implementation-support

structures will provide the PAP with the necessary information on how to express his/her grievance

and file a claim and complaint appropriately.

8. INSTITUTIONAL FRAMEWORK

At the national level, several structures and institutions are involved in the expropriation, land

acquisition and community resettlement procedure. However, at the local level, it is the departmental

expenditure evaluation commission, established in each Department that is responsible for

determining the value of property affected during any expropriation of individuals or corporate

bodies. It is composed of: the Prefect of the Department as Chairperson; the Head of the Town

Planning Department; the Head of the Land Registration Service; the Head of the Public Works

Service; the representative of the expropriating structure; and representatives of the local authorities

concerned. The Prefect of the Department chairs the Expenditure Evaluation Commission which

conducts an inventory and evaluation of affected property.

The other bodies that may be involved in the process include municipalities, the Conciliation

Commission, and the judge responsible for expropriations.

Generally, NGOs are recruited to support communities during resettlement and to better organize and

advise them with a view to enabling them defend their interests better.

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9. ELIGIBILITY

According to OS 2, persons eligible for indemnification/compensation or relocation assistance are

classified into three categories, namely: (a) persons who have formal legal rights to land or other

assets recognized under the laws of the country concerned. This category includes persons who

reside physically at the project location and those who will be displaced or may lose their livelihood

or access thereto as a result of project activities; (b) those who have no formal legal rights to land

and other assets at the time of the census or evaluation, but can prove that they have a claim

recognized under the customary laws of the country; (c) those who have no legal rights or

recognizable claim to the land they occupy in the project area, and who do not belong to any of the

two categories described above but who can, personally or through witnesses, prove occupancy

within the project area for at least 6 months prior to a deadline set by the borrower or the client and

acceptable to the Bank (these categories are entitled to resettlement assistance in lieu of

compensation for the land to improve their previous standard of living).

Displaced persons belonging to groups (a) and (b) above are entitled to

indemnification/compensation for their land or other resources confiscated for the purposes of the

project. Persons in group (c) receive only relocation assistance.

9.1 Deadline

The eligibility deadline corresponds to the date of cessation of census operations, plus a period of

seven (7) days for displaying the lists in the various municipalities and prefectures, in order to enable

people to file any claim they may have, during preparation of the RAP. Any persons or households

who moved to the site after this date shall not be eligible for compensation. The following dates are

those that will be considered per Department:

Louga: 20 May 2016;

Kebemer: 20 May 2016;

Rufisque: 22 May 2016;

Tivaouane: 22 May 2016; and

Thies: 23 May 2016

9.2 Categories of Eligible Persons

To facilitate the identification of PAPs entitled to compensation and resettlement support measures,

eligible persons were divided into categories based on their legal status and on usage of the lost

property as follows:

1 Individuals

1.1 Agricultural PAPs: 1,017

1.1.1 Owners who use or occupy the land: 934

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1.1.2 Users/occupants who are not owners: 73

1.1.3 Owners who do not occupy the land: 10

1.2 PAPs whose homes are affected: 489

1.3 PAPs whose business premises are affected: 55

2 Corporate bodies, which manage community property affected by the project: 45

2 LOSS ASSESSMENT AND COMPENSATION

The estimation of indemnification and compensation amounts is based on prevailing practices in

Senegal, which, to a certain extent, are consistent with ADB procedures. The compensation

calculation method is presented below:

Compensation for Loss of Land: The loss of farm, residential or commercial land within the project

right-of-way are final losses. Compensation for such losses was evaluated based on the status of

property and regardless of the manner in which the land is used by PAPs. Compensation is based

on the rates prescribed by Decree No. 2010/439 of 6 April 2010, which repeals and replaces Decree

No. 88/074 of 18 January 1988, defining the price schedule for land, regardless of use.

Compensation for Loss of Built-up Properties: There are two main types of buildings: permanent

structures and makeshift structures. The budgeted compensation corresponds to the value of new

replacement structures net of depreciation. The applicable price schedules are defined by Decree

No. 2010/439 of 6 April 2010 with adjustments based on current market prices and depending on

the materials used and the current cost of labour. The decree is appended to this RAP report.

Compensation for Loss of Trees: Compensation in cash for eligible forest and fruit tree species is

calculated based on the value of a standing tree. However, if the fruit tree is already mature (i.e.

bearing fruit), the loss of potential yield will be evaluated based on the species. The rates for the

value of standing trees are provided by the Regional Inspectorate of Water and Forest Resources in

St. Louis. These rates which date back to 2012 were used as a benchmark (see table below) and may

be considered for the Departments crossed by the project.

Compensation for Loss of Agricultural Income: The basis of calculation is the loss of potential

yield, which is determined based on the crops in the farms during the census and on the previous

year’s yield. Consequently, land that has lain fallow for over 2 (two) years is not eligible to

compensation for loss of farm yields.

Compensation for Loss of Income from Commercial and Handicraft Activities: A lump sum of

CFA.F 25,000 and CFA.F 50,000, equivalent to 30 (thirty) days of daily income for commercial or

handicraft activities carried out in the business premises of PAPs has been set as relocation

assistance, to cover such losses because it is considered that the businesses of the PAPs can be

relocated to an area near their original site

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Compensation for Loss of Community Natural Resources: This compensation is borne by ESMP.

To that end, the project will sign an MoU with the Department of Water Resources and Forestry to

ensure proper management of this impact in accordance with the requirements of Act No. 98/164 of

20 February 1998, governing the forest code.

Compensation for Loss of Home and Loss of Rental Income: An amount equivalent to 6 (six)

months of actual rent will be paid to this category of PAPs as well as a lump sum of CFA.F 25,000

as moving costs.

3 IDENTIFICATION OF POSSIBLE RESETTLEMENT SITES, SITE SELECTION,

SITE PREPARATION AND RESETTLEMENT

Following consultations with the communities, the two options below stood out:

Cash Compensation for Affected Homes without Development of Resettlement Sites

by the Project

Socio-economic surveys show that 52.12% of home owners wish to be fully compensated in cash.

In that case, choosing the residential plot then becomes the responsibility of the PAPs, once they

receive compensation in cash for their affected homes. The monitoring mechanism to be established

by the project should provide information on housing construction after the receipt of compensation.

Development of Resettlement Sites by the Project

The particularity of the project (i.e. its linear nature) accounts for the current approach in each local

community, which depends on the number of people to be displaced who have expressed the wish

to be resettled. Only 9.32% of PAPs who are home owners requested for replacement of their land

and home on a new site. The final selection and preparation of relocation sites must be managed

closely between SONES, administrative authorities, town councils and PAPs.

4 HOUSING, INFRASTRUCTURE AND SOCIAL SERVICES

Apart from the homes to be rebuilt (if PAPs so desire), there is no provision for other infrastructure.

However, attendant social measures1 are envisaged under the current RAP.

Indeed, following the consultations that led to definition of the options preferred by the communities

in terms of attendant social measures, the following actions are planned by the project to reduce the

inconvenience suffered by affected persons during and after involuntary displacement:

Increased access to water for poor communities within the project area: SONES

undertakes to establish a vast social connections programme for 70,000 households

to facilitate access to water for poor communities within the KMS3 project area. The

attendant costs have been factored into the project targeted by this RAP.

Furthermore, an extension of social connections has been scheduled for a target

population of 15,000 households, to be funded by the Islamic Development Bank

(IsDB),

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Development of support infrastructure for the production and marketing of

agricultural and market-gardening products: SONES is planning to support the local

development of the project impact area to boost community income-generation

through the establishment of infrastructure to support the production and marketing

of agricultural and market-gardening products. The cost of this component is

estimated at CFA.F 1,550,000,000.

5 ENVIRONMENTAL PROTECTION

Considering the particularity of the project (i.e. its linear nature), it is unlikely that resettlement or

relocation sites will occupy vast areas that require development operations which could have

environmental repercussions.

These sites are being selected with the local authorities concerned. An environmental assessment

would be conducted if ever the situation so requires.

6 IMPLEMENTATION SCHEDULE

As regards the schedule, the Government of Senegal and the ADB must, first of all, separately

approve the relocation action plan. Once the final RAP has been approved, SONES should

implement it immediately, so that the relocation operation can be completed prior to the

commencement of civil construction works. This is a fundamental condition

TABLE 1: IMPLEMENTATION SCHEDULE

No. Activity/Sub-activity Start date End date

1

Approval of the Resettlement Action Plan Friday, 17/06/16 Tuesday,

19/07/16

Submission of the provisional RAP report by the consultant Friday, 17/06/16 Friday,

17/06/16

Comments of SONES and financial partners on the RAP provisional

report Friday, 17/06/16

Thursday,

23/06/16

Submission of the revised RAP report Wednesday,

06/07/16

Wednesday,

06/07/16

Submission of the complete RAP report to financial partners of SONES Wednesday,

06/07/16

Wednesday,

06/07/16

Comments of SONES and financial partners Wednesday,

13/07/16

Wednesday,

13/07/16

Finalization and dissemination of the final RAP report Tuesday, 19/07/16 Tuesday,

19/07/16

2

Procedure for making a public interest statement Wednesday,

13/07/16

Thursday,

27/10/16

Review of the file on making a public interest statement Wednesday,

13/07/16

Monday,

10/10/16

Signature of the decree of transferability Thursday, 27/10/16 Thursday,

27/10/16

3

Mobilisation of SONES service providers to implement RAP Thursday,

15/09/16

Thursday,

22/09/16

Selection and mobilisation of service providers to support RAP

implementation Thursday, 15/09/16

Thursday,

15/09/16

Commencement meeting with SONES Thursday, 22/09/16 Thursday,

22/09/16

4 Reduction of rights-of-way Friday, 05/08/16 Monday,

17/10/16

15

Review and optimization of rights-of-way Friday, 05/08/16 Tuesday,

04/10/16

Finalization of the report on optimization and information of displaced

persons Monday, 17/10/16

Monday,

17/10/16

5

Implementation of the preparatory activities for the finalization of

individual agreements Tuesday, 04/10/16

Friday,

31/03/17

Communication campaign and institutional meetings - Lots 2 and 3 Tuesday, 04/10/16 Friday,

28/10/16

Visits by/meetings with the authorities and local resource persons Tuesday, 04/10/16 Monday,

17/10/16

RAP feedback (disclosure and consultations on eligibility criteria

and compensation principles) Monday, 17/10/16

Friday,

28/10/16

Census data validation and constitution of PAP files Thursday,

03/11/16

Wednesday,

01/03/17

Census data validation and finalization of PAP files Thursday, 03/11/16 Friday,

02/12/16

Constitution of individual PAP files Thursday, 03/11/16 Monday, 02-

Jan-17

Conclusion and signature of individual agreements Thursday, 03/11/16 Tuesday,

31/01/17

Payment of compensation Thursday, 03/11/16 Wednesday,

01/03/17

Process for the vacation of rights-of-way Tuesday, 14/03/17 Friday,

31/03/17

Request to vacate the rights-of-way Tuesday, 14/03/17 Tuesday,

14/03/17

Complete vacation of the rights-of-way Friday, 31/03/17 Friday,

31/03/17

Collection, processing and management of claims and complaints Monday, 17/10/16 Friday,

17/03/17

Recording and processing, including mediation and/or conciliation Monday, 17/10/16 Monday,

13/03/17

Finalization of PAP files and signature of agreements with PAPs on

claims Monday, 24-Oct-16

Friday,

17/03/17

6

Implementation of resettlement measures Friday, 02/12/16 Monday, 29-

May-17

Information and communication on resettlement measures Friday, 02/12/16 Monday, 02-

Jan-17

Technical support to vulnerable PAPs Monday, 02-Jan-17 Friday,

28/04/17

Implementation of assistance measures Monday, 02-Jan-17 Monday, 29-

May-17

7

Monitoring and evaluation of RAP implementation Monday, 17/10/16 Friday,

23/06/17

Monitoring and Evaluation of assistance and support measures Monday, 17/10/16 Friday,

23/06/17

8

Closure of resettlement operations Wednesday,

05/07/17

Wednesday,

05/07/17

Submission of the report on closure of resettlement operations Wednesday,

05/07/17

Wednesday,

05/07/17

7 COSTS AND BUDGET

The RAP budget stands at CFA.F 11,687,505,303 and was validated by the project owner (SONES).

A provision of CFA.F 781,053,209, representing 10% of the total compensation amount, is budgeted

in the RAP to address the special assistance needs of vulnerable PAPs and the settlement of

grievances.

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This overall cost of the RAP includes the cost of technical support services and assistance to PAPs

and external monitoring/evaluation of RAP implementation, social measures and resettlement

measures.

However, the cost of compensation for the loss of plant species within the two classified forests

(Thies and Sebikhotane) has not been taken into account. Consequently, SONES is expected to

finalize and sign a memorandum of understanding with the water resources and forestry service,

which involves an estimation of the impact on various sites and the compensation budget.

Items Total in CFA.F

Compensation for Project Affected Homes (PAP homes) 4,468,853,987

Compensation for Project Affected Farms (PAP farms) 3,080,638,862

Compensation for Project Affected Business Premises (PAP business premises) 29,917,500

Compensation of Community and Private Property 410,348,096

Resettlement Measures and Assistance to Vulnerable Persons (10% of

compensation amount) * 798,975,845

Social Measures 1,550,000,000

RAP Provision (10% of compensation amount) 798,975,845

Provision for RAP Monitoring/Evaluation (2% of compensation budget) by a

Consultant tasked with external monitoring 159,795,169

Costs of Services of the Consultant for RAP Implementation 390,000,000

TOTAL RAP BUDGET 11,687,505,303 * A provision of CFA.F 500,000 for each vulnerable PAP was included in the RAP to cover the special assistance needs of the 581 PAPs.

Furthermore, to take account of any additional PAPs identified through supplementary surveys around Tivaouane and Mékhé and

resulting from census omissions and uncertainties, a provision of CFA.F 490,553,209 was added to cover any additional vulnerable PAPs. The result is a resettlement-measures budget of CFA.F 781,053,209.

8 MONITORING AND EVALUATION

To implement the resettlement action plan for this SONES-managed project, it will be necessary to

have a monitoring/evaluation mechanism to verify whether the RAP is being implemented in

accordance with the previously accepted plan and is satisfactory to the PAPs and other stakeholders

(e.g. ADB and local communities), and whether any problems, that were not anticipated in the plan,

subsequently emerged.

Furthermore, considering that the project will have to acquire land, most of which has not been

developed, it is suggested that the municipalities concerned be involved in finding other sites that

can accommodate this category of PAPs.

Indeed, the monitoring/evaluation of PAP resettlement will be conducted by SONES in

collaboration with other stakeholders, including the administrative commissions set up during RAP

preparation, as well as PAPs. Furthermore, SONES will engage a structure to assist in evaluating

(external monitoring) RAP results.

The main purpose of the monitoring/evaluation process is to ensure that the main objectives of the

Resettlement Action Plan are met. In this regard, the process should prove that the PAPs indeed

received fair and equitable compensation; that they were compensated prior to vacating their land

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or to the demolition or loss of their property; and that their standard of living is at least equivalent

to or better than what it was prior to the project.

Monitoring and evaluation focuses on three pillars, namely:

surveillance by SONES;

internal monitoring of RAP execution by an expert hired by SONES; and

evaluation or external monitoring of RAP execution by an external consultant or the

ADB. The relocation plan can be evaluated once the compensation and resettlement

activities have been completed. The objective of the evaluation is to establish that all

PAPs are properly resettled and have resumed their productive activities.

Lastly, external evaluation or monitoring seeks to:

establish and interpret the baseline socio-economic profile of affected communities;

data from core surveys may be used to prepare this baseline scenario;

monitor the indicators of the socio-economic profile of PAPs over time and seek to

appraise and understand their evolution; and

establish a new socio-economic profile of PAPs at project completion that will be

compared with the baseline situation to gauge and assess social and economic

impacts.