AFRICAN DEVELOPMENT BANK GROUP PROJECT : DAKAR …...The Dakar-Diamniadio-AIBD (Blaise Diagne...

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PROJECT : DAKAR REGIONAL EXPRESS TRAIN (TER)

COUNTRY : SENEGAL

SUMMARY OF FULL RESETTLEMENT PLAN (FRP)

Project

Team

Project Team: A.I. MOHAMED, Principal Transport Economist, OITC1/SNFO

M. A. WADE, Infrastructure Specialist, SNFO/OITC1

M.MBODJ, Consultant Economist, OITC 2

M. L.KINANE, Principal Environmentalist, ONEC.3

S. BAIOD, Consultant Environmentalist, ONEC.3

Sector Director : A. OUMAROU

Regional Director : A. BERNOUSSI

Acting Resident Representative : A. NSIHIMYUMUREMYI

Division Manager : J.K. KABANGUKA

AFRICAN DEVELOPMENT

BANK GROUP

Regional Express Train (TER) Dakar Summary of Full Resettlement Plan

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Project Name : DAKAR REGIONAL EXPRESS TRAIN (TER)

Country : SENEGAL

Project Reference No. : P-SN-DC0-003

Department : OITC Division: OITC.1

___________________________________________________________________________

INTRODUCTION

This paper is the summary of the Full Resettlement Plan (FRP) designed in accordance with

Senegalese national procedures as well as those of the Bank. It aims to ensure that project

affected persons (PAPs) are compensated and settled. Its objectives are three-fold: (i) minimise

involuntary resettlement as much as possible; (ii) avoid to the extent possible the destruction of

assets; and (iii) compensate affected persons to offset the loss of residential and agricultural

lands, buildings and equipment as well as loss of revenue.

The Dakar-Diamniadio-AIBD (Blaise Diagne International Airport) Regional Express Train

(TER) Project is composed of two phases. The first extends from Dakar to Diamniadio and the

second from Diamniadio to Diass where the new Dakar internationnal airport is situated. This

FRP concerns works that will be implemented during the project’s first phase and specifically

works to be undertaken in the Districts of Dakar, Pikine and Rufisque.

The FRP objectives are to: (i) inform on the authorities’ strong commitment to maximize the

TER project’s positive spinoffs and implement social measures to compensate persons to be

displaced and resettled; (ii) elicit wide social mobilization around the project (communities

crossed, opinion leaders, grassroots organizations etc…); (iii) ensure transparency and a

participatory approach to the rights-of-way clearance process; and (iv) clear the right of way

within the required period to the total satisfaction of all stakeholders.

1. PROJECT SUMMARY DESCRIPTION AND LOCATION

1.1 Project Description

Dakar’s current collective transport system comprises buses, mini-buses (cars rapides), taxis

and the commuter train (Petit Train de Banlieue - PTB). As this system will not help to

satisfactorily meet the transport needs of an estimated 124,000 commuters during the Dakar

morning rush hours, the project selected by Government is to replace PTB with the future

Regional Express Train (TER) to serve the greater Dakar suburban area possibly via an indirect

omni-bus service. This project will be articulated with the Rapid-Transit Bus (BRT) project and

other existing collective transport modes and/or projects. The goal is to help to rearrange and

re-balance the urban space in the capital city Dakar with a view to achieving the GDP growth

level defined in the Emerging Senegal Plan (PSE).

The project will consist in modifying the current railway installations to be able, ultimately, to

lay out four tracks: (i) a standard-gauge electrified double track (UIC) for passenger traffic,

with datum speed of 160km/h, to replace the current PTB service; (ii) a metric track for goods

transport; (iii) a reserve strip developed as maintenance/upkeep track to ultimately allow for

constructing a 4th track. Furthermore, the project will: (i) renovate multi-modal train stations (at

Dakar Plateau and Rufisque) and build a multi-modal station at Diamniadio; (ii) construct the

Thiaroye and Bargny stations; (iii) construct eight stops at Colobane, Hann, Baux Maraîchers,

Pikine, Yeumbeul, Keur-Massar, M’Bao and PNR; (iv) develop two maintenance sites – one at

Colobane for trains and the other at Rufisque for infrastructure; and (v) procure bi-modal rolling

stock (electric and diesel). The project components are presented in Table 1 below since Bank

financing was solicited for the systems portion:


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Table 1 : Project Components

N° Component Name Description

A A - Studies The studies concern Phases 1 and 2

B

B. Development of the

Dakar-Diamniadio

Railway Line (Phase

1)

(i) Construction works of 36-km of 2 standard-gauge railway tracks; (ii) systems-installation works on 36 km;

(iii) a 38-km two-time shifting of existing metric gauge; (iv) construction/renovation works on 14 train stations ;

(v) the procurement of bimodal rolling stock; (vi) environmental measures; (vii) sensitization on environmental

protection and safety; and (viii) works control and supervision.

C C. Related Works

(i) development of 5 multi-purpose sports platforms at Hann, Pikine, Thiaroye, Rufisque and Diamniadio; (ii)

development of canteens and commercial sheds at Colobane, Hann, Pikine, Thiaroye, Rufisque and

Diamniadio; (iii) support for youth and women’s associations in Colobane, Hann, Pikine, Thiaroye, Rufisque

and Diamniadio; (iv) control and supervision of related works; and (v) final design studies and BDs of related

works.

D

D – Support for

Operation and

Maintenance

(i) support to train the youth in railway management professions; and (ii) support to Dakar Dem-Dik through

the procurement of buses for rapid service between the Diamniadio train station and AIBD and this, until

completion of Phase 2 of TER

E E- Project

Management

(i) supervision assistance other than works control and supervision under Component A; (ii) monitoring-

evaluation of the project’s socio-economic impacts; (iii) technical audit; (iv) accounts and financial audit; (v)

equipment of the implementation unit; and (vi) operation of the implementation unit.

F F- Right-of-way

Clearance (i) Compensation of PAPs; and (ii) environmental and social monitoring

The preliminary cost of Phase I of the project, including physical contingencies (for related

works), and financial contingencies is estimated at UA 592.76 million, or CFAF 483,289.06

million

1.2 Project Location

The project area (PA) for the TER’s entire Phase I alignment is located in the Dakar Region

which comprises four districys, three of which – Dakar, Pikine and Rufisque – are crossed by

Phase 1 of TER.

Figure 1: Project Location

So, it is developed in eighteen (18) communes, namely: Dakar Plateau, Hann Bel-Air, Dalifort

Foirail, Guinaw Rails South, Guinaw Rails North, Pikine East, Pikine West, Thiaroye Gare,

Djirah Thiraoye, Yeumbeul South, Diamaguene Sicap Mbao, Mbao, Keur Massar, Rufisque

West, Rufisque North, Rufisque East, Bargny, and Diamniadio. It covers an area of 802 km2,

representing 0.41% of the total land area of Senegal. The project, in this Phase 1, is developed

Land-use Map

Dakar-Diamniadio

Railway

Legend

Road network Land

occupancy Railway

Nat. trunk road

Toll road

Water Station

Cultivated area

Woodlands

Industrial area

Administrative borders

Thioroye station

Atlantic ocean

Rufisque station

Dakar port

Colobane station


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on the PTB’s existing right of way up to Diamniadio, making a linear distance of 38 km out of

a total of 57 km between Dakar and the Blaise Diagne International Airport (AIBD).

1.3 Socio-Economic Profile of the Project’s Direct Area of Influence

The population density in the Dakar-Bargny portion of the alignment (about 33 km) is about

30,000 inhabitants/km². This applies to Diamaguene Sicap Mbao and Yeumbeul South

Communes and others skirted or crossed by the railway’s right of way. In contrast, the second

half of the rail section which concerns predominantly rural communes (Diamniadio, Diass and

Keur Moussa) is sparsely populated, with densities of not up to 300 inhab/km². Although this

section has less than 4 villages, the population need extensive land due to the stockbreeding and

agricultural production methods used. Also, regardless of the project zone, people suffer from

a need for mobility within and outside their community space attributable to the quality of roads

(challenging feeder roads in rural areas and no access roads in some urban neighbourhoods…).

The intervention zone is characterized by: (i) the presence of several unregulated illicit passage

points created by the population for their movement; (ii) the presence of vehicles, mechanical

workshops and makeshift houses; (iii) fish-smoking activities and houses in the Hann zone

(Hann triangle); and (iv) an area of allocated lands in Bargny (between Pk 35 and Pk 39) and

Diamniadio (Pk 40).

Economic activities carried out on the entire project right of way are: (i) trading on the right of

way - uplanned markets at railway stations (Thiaroye, Hann and Colobane) and on railway

tracks (Guinaw Rails, Keur Mbaye Fall, Kamb, Dalifort, etc.); (ii) handicraft activities like

carpentry and car-repair workshops; (iii) waste recycling (at Colobane Wakhinane and Hann

Triangle), fish processing and smoking activities (in Hann); (iv) agricultural activities in the

second railway section (Diamniadio-AIBD) subject of Phase 2, which will be affected by the

loss of crops, orchards and farms especially at Toglou, Gandoul and some peripheral

neighbourhoods of Diamniadio and Sebikhotane; and (v) also under Phase 2 of the project,

pastoral activities affected by the loss of pastureland and the limited, even impossible access in

some cases, to certain pastures due to the barrier effect of the fenced-off TER right of way.

Population and Household Size

In 2013, the three districts crossed by TER in its 1st phase had a total of 1,415,620 men and

1,391,910 women. Of these numbers, 41.3% of men and 40.9% of women lived in the 17 projet-

area communes. The 18-to-35-year-old age-bracket formed the largest population segment

overall in the project area followed by the 7-to-17-year-old age bracket (22.8%). Infants are

also many since under-7-year olds make up 17.1% of the total population of the project area.

For their part, adults aged between 36 and 59 years represent 19.8% while older persons account

for only 5.2% of the total population therein. The communes that proportionally have the

highest number of youths aged 17 years and below are Diamniadio (45.5%) and Keur Massar

(42.8%). Therefore, the project area seems to comprise mainly families with infants (and this

is corroborated by the aveage houshold size of 7 persons).

Table 2

Commune Male % Female % Total

Population

Overall

% Households

Average

Household

Size

Dakar Plateau 18,582 51.88% 17,233 48.12% 35,815 3.10% 7788 4.6

Hann Bel Air 34,658 50.20% 34,387 49.80% 69,045 5.98% 12,614 5.5

Dakar Project Area 53,240 50.77% 51,620 49.23% 104,860 9.09% 20,402 5.1

Dalifort Foirail 16,099 51.81% 14,976 48.19% 31,075 2.69% 5,579 5.6

Guinaw Rail South 21,269 52.07% 19,581 47.93% 40,850 3.54% 6,340 6.4

Guinaw Rail North 15,961 51.56% 14,994 48.44% 30,955 2.68% 4,282 7.2

Pikine West 26,431 49.81% 26,630 50.19% 53,061 4.60% 7,696 6.9


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Pikine Eest 16,698 50.48% 16,378 49.52% 33,076 2.87% 5,036 6.6

Thiaroye Gare 12,992 50.97% 12,498 49.03% 25,490 2.21% 3,851 6.6

Yeumbeul South 50,425 51.08% 48,299 48.92% 98,724 8.56% 12,442 7.9

Diamagueune Sicap Mbao 67,672 51.58% 63,519 48.42% 131,191 11.37% 18,301 7.2

Keur Massar 103,333 50.17% 102,638 49.83% 205,971 17.85% 27,158 7.6

Mbao 49,238 49.97% 49,305 50.03% 98,543 8.54% 14,585 6.8

Pikine Project Area 380,118 50.75% 368,818 49.25% 748,936 64.91% 105,270 7.1

Rufisque West 29,381 49.17% 30,369 50.83% 59,750 5.18% 8,346 7.2

Rufisque North 47,092 50.46% 46,240 49.54% 93,332 8.09% 11,993 7.8

Rufisque East 35,625 50.21% 35,324 49.79% 70,949 6.15% 8,681 8.2

Bargny 26,272 50.45% 25,802 49.55% 52,074 4.51% 6,110 8.5

Diamniadio 12,247 51.11% 11,715 48.89% 23,962 2.08% 3,119 7.7

Rufisque Project Area 150,617 50.19% 149,450 49.91% 300,067 26.01% 38,249 7.8

Total Project Area 583,975 50.61% 569,888 49.39% 1,153,863 100.00% 163,921 7

School Attendance

Pre-school enrolment data indicates that girl and boy enrolment levels are very low in the

project area. This situation is linked to the fact that most households in the study area lack the

financial means to enrol their children in pre-school institutions, virtually all of which are

private institutions.

At the primary level, boy-enrolments largely exceed those of girls since boys represent 61.9%

of enrolments compared to 38.1% for girls. Overall, enrolment rates are high, due among other

things to the efforts of the public authorities to achieve the Millennium Development Goals.

These efforts were reflected in the construction of school infrastructure and the massive

recruitment of teachers. It is noteworthy that the predominance of boys’ enrolment rate is

perceptible at the level of the other education cycles (middle school, secondary school,

university). At the secondary level, boy enrolments are more than double those of girls.

Professional Occupations of Women and Men

The 10.8% employment rate in the project area is far below that of women in Dakar region

(30.1%). This situation is attributable to the fact that several families have under-age children

or because women have difficulties finding work. The number of housewives corroborates the

fact that women care for children at home. Furthermore, a large proportion of women are

students. The employment rate of women is proportionally higher in the Dakar Plateau, Hann

Bel Air and Dalifort Foirail communes, with percentages of 28.3%, 27.3% and 27.5%,

respectively. The Diamniadio commune has the lowest rate (13.4%).

Regarding the employment rate of men, the data shows that it far exceeds that of women,

standing at 24.3%. In the project area, men in school come in second position in terms of

representativeness, with 16.34%. It is noteworthy that the Bargny and Keur Massar Communes

have the highest proportions of students (male and female) as opposed to Dakar Plateau

Commune, which has the lowest proportion.

Poverty Rate

The TER alignment is situated in Dakar’s suburban communes which are inhabited by the most

disadvantaged and poorest people in the Dakar Region; thus, unplanned neighbourhoods

(shanty towns and shack) abound there.

Disability

The Dalifort Foirail, Thiaroye Gare, Bargny, Diamniadio and Rufisque East communes have

the highest proportions of persons with a disability. The disability prevalence rate is 1.9% in

the project area and that is below the prevalence rate in the Dakar region, which stands at about

5.9%.


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Housing

There is a predominance of owners (44.6%) and tenants (38.7%) in all communes of the project

area. The significant presence of tenants is attributable to the fact that several of the area’s

inhabitants come from the interior of the country. Another factor justifying the presence of

tenants is the unaffordability of housing, which makes suburbs a polarizing zone. The strong

presence of tenants in the project area is mirrowed at the level of the Dakar region where a

significant proportion of households are indeed tenants (46%).

Close to one-third of the dwellings have a single room. As the average number of persons per

household is about 7, one can assume that several people do share a room. With the high

proportion of tenants, there tends to be less rooms per dwelling.

Furthermore, brick houses are the main type of dwelling (88.6%) in the project area and it is

also predominant at the regional level. As concerns flooring, the most commonly used materials

are tiles, followed by cement. Carpets or polished wood are very infrequently used. This is

observed in most project area communes. In Yeumbeul South, Guinaw Rail North, Guinaw

Rail South, Rufisque North and Diamagueune Sicap Mbao, cement is the predominant method

of flooring.

Access to Water

Taps remain the predominant source of water supply to households. Water is supplied

prefereably from a tap situated inside the house or in the compound/allocated plot or from a

public tap, in that descending order of preference.

Access to ICTs

Virtually, no household has a land telephone line but a vast majority them have a mobile

telephone. In all communes, a significant percentage of households have a mobile telephone.

The prevalence of cellular phones is attributable to its easy access and practicality in inter-

personal communication.

Fuel Used for Cooking

Gas is the main fuel used by households for cooking, followed by coal. These two fuels are the

two leading sources of energy for cooking in all the communes, but in varying degrees. This

situation is consistent with the predominant use of gas for cooking in urban areas.

Sanitation

The main methods used to evacuate waste water in the project area are sceptic tanks/cesspools

and a sewer network. There are wide disparities among communes in that regard, since some

are not connected to a sewer network. Indeed, sewer networks are the dominant method of

sanitation in the Dakar Plateau and Hann Bel Air communes, while sceptic tanks/cesspools are

predominant in the Yeumbeul South and Keur Massar communes.

Industrial Activities:

There are many industrial units, particularly along the existing alignment. Some of them

constitute significant risks that should be evaluated during hazard-assessment studies,

specifically for Oil Libya facilities.


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Easements and Town Planning

As a result of declining railway traffic, indiscipline by some residents of riparian communes

and the disorderly and growing urbanization, the existing railway right-of-way has been

infringed upon with the construction of inhabited houses thereon and the transformation of the

railway area into a vast household refuse dump. This situation is most visible in the first part of

the railway section (Dakar - Diamniadio).

Many compounds will be destroyed, mostly in Hann, Colobane, Pikine East, Yeumbeul South

and North and Rufisque. In contrast, in the second railway section from Bargny Commune,

there are many authorized and maybe some unauthorized residential plots close to and

sometimes inside the right of way of the TER. The position of these plot will be revisited in

order to respond to security needs by instituting a 40-metre right-of-way.

Cultural, Religious and Historical Heritage

This environmental element will be affected by implementation of the project. There are

cemetries near the right of way and these include: (i) the Bargny cemetry situated at the

commune’s East entrance; and (ii) two cemetries in Toglou village (one still being used and

another one that is closed but with its graves still in place) – the case of these two cemetries is

very specific. Extending the right of way on these segments will not be authorized.

2. POTENTIAL IMPACTS AND ASSOCIATED MEASURES

The first phase of the TER Project, which concerns the Dakar-Diamniadio section, requires the

widening of the current railway right of way in order to add a double track and have reserve

land for the development of a fourth track subsequently. This right of way is occupied by

‘business hubs’, traders and a few compounds, some of which have been there for many years.

Lands lying along the current railway line are also well developed since people saw open spaces

and thought they were ideal for building homes and business hubs. Lands within the new right

of way are quite densely populated and as such, the impact of developments are also expected

to be significant.

Since environmental impacts are treated in the ESIA report, only those impacts concerning loss

of goods and socio-economic activities are presented in the FRP.

The project’s specificity is that it mainly follows the existing railway alignment. Therefore, the

analysis of alternatives took into account the position of the existing tracks to limit the number

of affected persons, particularly enterprises and industries whose operations would be difficult

to relocate.

The main measure taken to minimize the number of PAPs was to review the width of the right-

of-way required for works implementation. A width of 75 metres was first considered but given

the high number of anticipated displacements, APIX optimized the right of way, setting it at 23

metres in areas where major obstacles so required and at 50 metres where available space

allowed. The general list of PAPs identified during the June 2016 census can be consulted at

APIX, representing MITTD in its capacity as Delegated Contracting Authority.

2.1 Impacts in the Pre-Construction Phase

The main negative impacts due to population resettlement can be summarized as the loss of:

(i) compounds and buildings; (ii) temporary commercial or agricultural income; (iii) perennial

crops and fruit trees; (iv) collective facilities; (v) population displacement to a new site; (vi)

quality of life due to population displacement and resettlement.

The project will directly impact the properties and income of 11,703 PAPs distributed as

follows:


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- resident households (landlords and tenants) : 3,248

- operational business hubs (owners and tenants) : 6,316

- operational formal enterprises: 32

- non-resident or non-operating owners: 1,902

- collective infrastructure and facilities : 61

- agricultural concerns/orchards: 144

Additionally, PAPs will suffer project-induced disturbances, regardless of whether their losses

are partial or total. The social and/or professional environments of the physically displaced will

be disturbed since they will have to relocate as best as they can.

2.2 Impact during the Works Phase

The other major negative impacts on the human environment are linked to the presence of the

worksite and works which will cause: (i) health hazards including a higher prevalence of STDs;

(ii) an increase in the risk of accidents for the population and workers; (iii) the deterioration of

living conditions (noise, dust etc.); and (iv) increase in women’s workload during displacement

and resettlement.

2.3 Social Impact and Compensatory Measures

a) As earlier mentioned, the first measure taken to minimize PAP numbers was to reduce

the required right-of-way width from 75 metres to 23 metres in areas having major obstacles

and 50 metres where the available space allows.

b) Thus, persons who lose goods due to the project are compensated in the following

manner: (i) For owners of buildings, land, houses and/or equipment, compensation will be based

on the value of their property when new; (ii) For tenants of houses, through rehousing

assistance ; (iii) For losses of revenue of traders; (iv) for agricultural exploiters, owners or

tenants, through compensation for loss of crops suffered.

c) To complement the replacement of losses sustained, other resettlement measures will

enable eligible persons to be assisted during their displacement and during implementation of

the resttlement plan. These are summarized in Table 5 as follows:

Table 5 : Measures Taken Proposed Measures Objectives

1) At this stage

Sensitization on how to manage compensation Secure funds and guarantee their use as planned

Support/advice in reconstruction Ensure that standards are complied with

Housing and land bank Facilitate the search for replacement housing and land

Support for access to subsidized housing Improve conditions of low-income households

Monitoring of children having to change school and facilitate

registration

Ensure that children do not lose a school year

Monitoring of relocation progress Avoid that households should find themselves without a

home

Monitoring inflationary pressures and adjust compensation Guarantee access to equivalent housing and business places

Provision for temporary IEC replacement services Guarantee the maintenance of essential services during the

transition

Support for IEC replacement (support for technical services) Ensure that temporary replacement services do not become

permanent

Psychological follow-up of rehoused PAPs and people in revised

neighbourhoods

Ensure that displaced persons and those who stay adapt to

their new environment

Business sites and land bank Facilitate the search for new business sites

Identify and invest in communes crossed by TER to develop

existing markets and commercial sites

Maintain the maximum number of business places in

communes where they operate already

Monitor the resettlement of PAPs who derive the bulk of their

revenue from their business places

Avoid empoverishing PAPs


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Support for formalization Help business places wishing to formalize their activities to

do so

Offer basic training in management and technical training to

business places that so desire

Ensure that business places maintain or improve their level of

revenue

Specific support to agricultural PAPs to improve yields or

diversify

Make good the lack of land in the zone

Monitoring of PAPs to encourage employees’ wage payment Avoid temporarily depriving PAPs’ employees of revenue

Support for identification of promising projects in communes

and in obtaining donor financing

Ensure that revenue lost by communes will be replaced

Personalized support to vulnerable persons depending on the

specific needs of each

Build their resilience to disturbances

2) Concerning Final Design (FD) studies, the guidelines and prescriptions are:

Maintain or minimize the current right of way

Ensure that it will still be possible to access residential houses close to the walls.

Contribute to reducing flooding issues

Minimize the rights of way of engineering structures which involve several displacements

Consider resettlement in case the Rufisque maintenance site is chosen

Optimize the location of pedestrian overpasses

Identify isolated built structures in order to displace them

Propose development options for unused zones on completion of works

Opportunity to build broad consensus around the main resettlement stakes

3. ORGANIZATIONAL RESPONSIBILITY

The TER Project’s contracting authority is the Senegalese Ministry of Infrastructure, Land

Transport and Accessibilitys (MITTD). Since the National Agency of Investment Promotion

and Major Works (APIX) ensures supervision as delegated contracting authority on behalf of

the Senegalese State, it will implement the project. Its dedicated staff includes engineers,

communication experts, sociologists and town planners.

Within the APIX General Coordination of Major Works, the Directorate of the Environment

and Rights of Way Clearance (DELE) is tasked, inter alia, with preparing and implementing

the FRP. This Directorate works in synergy with the TER Project Directorate (DPTER).

As the project executing agency, APIX can enlist the services of consultants, be they consulting

firms or non-governmental organizations, to achieve its objectives.

In the discharge of its daily duties, APIX benefits from the support and advice of other structures

and bodies. The TER Project’s Steering Committee brings together several ministries and is

repsonsible for the validation of technical options.

Established by Order No. 2011-002943 repealing and replacing Order No. 2004-005619 of 21

March 2011, the Ad Hoc Committee supervises the clearance of rights of way of major State

projects. Its tasks are to supervise operations relating to: (i) information and sensitization of the

populations concerned; (ii) survey of additional expenses incurred and right-of-way occupants;

(iii) evaluation of additional expenses incurred and handing of cheques issued by the delegated

contracting authority as compensation to project affected persons who are holders of unofficial

rights; (iv) the notification of injunctions to vacate premises and assistance to the administrative

authorities for site clearance operations; and (v) survey of displaced persons and their

resettlement on developed sites.

The Ad Hoc Committee is supported in its mission by the Operational Group under the authority

of the Regional Governor. The Commitee is chaired by the Minister for Interior or his/her

representative and comprises several members from the Prime Minister’s Office, Ministries,

Regional Governor’s Office and Technical Directorates, and the State Counsel. The secretariat

of the ad hoc committee is managed by APIX.


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4. COMMUNITY PARTICIPATION

4.1 Public Consultations

The population of the project area was informed during the preliminary design and project-

implementation phase. Similarly, during the preparation of the ESIA and FRP, they were

informed at public meetings. APIX had organized an institutional workshop at King Fahd Hotel

on 2 February 2016, chaired by the Secretary of State for Railways, in the presence of the

Director General of APIX. This workshop was aimed at making available to administrative

authorities and representatives of ministries useful information on the TER Project, especially

with respect to project governance and technical components, the planned rights-of-way

clearance schedule and the communication plan.

The first series of consultations was organized by APIX between February and April 2016 in

communes crossed by the TER. They were attended by 1,202 people in the Dakar district, 1,873

in Pikine and close to 500 in Rufisque. APIX, through its various directorates (DELE, DTER,

DCOM), presented the adopted project approach consisting in establishing permanent

consultation with the population around the project. Emphasis was placed on various stages

especially the planting of pegs to demarcate the right of way and preparation of the Resettlement

Action Plan.

Grassroots community associations and organizations (OCB) were also met. The main concern

for these organizations is to accompany the process and become involved as an interface

between the project and the population. Some of them also expressed concern about the support

measures to be put in place in order to physhologically take charge of project affected persons.

The census per se was preceded by several information sessions and meetings with the

administrative authorities, mayors and neighburhood delegates. On 18 April 2016, APIX

organized a meeting with administrative authorities to discuss the conditions for conducting the

survey. Launching meetings were held with neighbourhood delegates to conduct the survey.

These meetings helped to inform the riparian population, also ensuring that the survey would

work closely with neighbourhood officials. Lastly, the survey was an opportunity for PAPs to

express their views and preferences, especially on compensations and resettlement and the

living conditions of women to ensure greater well-being.

A second series of consultative meetings in communes crossed by the TER sought to inform

PAPs about the compensation principles considered during the FRP preparation, based on the

types of assets and revenue lost. PAPs were also acquainted with ongoing survey activities in

their commune and the envisaged complaints-management framework was shared with them.

In all, 13 meetings were held between 26 May and 8 June 2016. A last meeting with Thiaroye

market PAPs took place on 28 July 2016. Formal invitation letters were sent to PAPs with

support from youths, neighbourhood delegates and municipal workers. In some zones, follow-

up telephone messages (SMS) were sent to ascertain that PAPs had received the invitations. A

total of 3,927 persons, including 1,140 women, participated in the meetings.

After the approval of the Full Resettlement Plan by the Senegal Government and donors, the

FRP file was submitted by the Contracting Authority to the municipal offices and commune

headquarters concerned by the project. It will be disseminated by all means deemed useful by

the Government and also published on the APIX website: http://investinsenegal.com. A

summary will be published on the Bank website.

http://investinsenegal.com/


11

4.2 Communication Plan:

This measure seeks to facilitate communication among stakeholders during the works period

and to forge privileged relations between national committees and project affected persons. The

main objective of the communication plan is to ensure the rightful claimants’ responsible

participation in the FRP implementation and see to process ownership. It also involves

instituting a consultative and collaborative process during the FRP implementation period in

order to factor in the concerns of the population and assist them until their complete

resettlement. An inclusive, participatory and dynamic approach will be necessary to bring on

board all active synergies in a sustainable framework. Regular contact will be established with

each affected person through the communication mechanism and means set up for that purpose.

Table 3 below summarizes the main activities of the communication plan, specifying the targets,

envisged means and responsible entities.

Table 6 : Communication Plan Activities Targets Means Authorities in

Charge

Sharing of FRP contents and discussons

with stakeholders

Governor, prefets and sub-prefects,

technical services concerned,

Monitoring, visits or dispatches APIX

Population and PAPs One-stop shop SF

Communication plans of facilitating

structures

Neighbourhood offices

Ensuring reliability of PAP lists

emanating from the survey and

information on dates, period and venues

for posting of the lists, methods of

verification and correction of these lists

Local community officials Posting of survey lists APIX

Administrative authorities Meetings with municipalities and

neighbourhood delegates

Local officials Press release and radio programmes

Prospectus

Information on access to RAP and lists Population and PAPs Radio announcements APIX

Press releases of administrative

authorities

Information concerning scales,

compensation process, resettlement

conditions, rights-of-way clearance

methods, schedules and contacts

Administrative authorities and

technical services

Institutional workshop APIX

Communal authorities Information and consultative meetings

and sessions on RAP

SF

PAPs Use of picture-based prospectus in local

languages

Civil society Radio stations and other media

Information on stages of the resettlement

process and schedules

Communal authorities Meetings Administrative

authorities

PAPs Radio stations and other media APIX

Civil society One-stop shop SF

Population Neighbourhood offices

Information on elements constituting

PAP files

PAPs Individual and collective interviews SF

Calls

One-stop shops


Convening of PAPs, negotiations and

agreement on compensation avoiding

complaints as much as possible

PAPs Distribution of an explanatory local-

language document with pictures.

Administrative

authorities

Civil society Calls, meetings and individual

interviews with PAPs to understand

methods used to assess their assets.

APIX

Neighbourhood delegates Information tours and visits. SF

Formalization support caravan

Sensitization of PAPs to open accounts

and manage their funds.

PAPs Individual and collective meetings SF

Information on financial structures in the

area

Civil society Presence of representatives of financial

structures in one-stop shops

APIX

Information on rehousing possibilities

(data bank)

PAPs Individual and collective meetings SF

Handwritten and computerized lists

accessible in municipal offices, one-stop

shops and neighbourhood offices

APIX


12

Information on compensation payments PAP One-stop shops Administrative

authorities

Convening notices for withdrawal of

cheques

APIX

Calls for verification of payment SF

Notification displacement /clearance of

rights of way (measures to take for the

displacement time frame to be complied

with)

PAP Press release Administrative

authorities

Civil society APIX

Neighbourhood delegates

Population

Effective population displacement and

safe demolition of buildings for the

people

Administrative and local authorities Radio and press releases Administrative

authorities

Network managers Traditional communicators and town

criers

APIX

Security services Visit of sites to verify that PAPs are

informed

SF

PAPs

Population

Relocation of collective goods

(particularly the transfer of schools)

Steering committee responsible for

these structures and other persons in

charge of the facilities

Technical meetings APIX

PAPs Cultural support activities SF

Technical services in charge Specific means for basic social facilities

One-stop shops


Support for rehabilitation of economic

activities

PAPs in business hubs Meetings with specific groups APIX

Colobane site Caravan on resettlement opportunities

and discussions

SF

Thiaroye market Reporting and testimony on the process

Linkage with techical and State services

in charge of the sector activities

concerned

Deployment of complaints mechanism Governor, prefects, sub-prefects Individual or collective interviews APIX

Mayors and neighbourhood delegates Media (radio, newspapers etc.) Administrative

authorities

Population and PAPs One-stop shops SF


Traditional communicators

Cultural actors (drama, songs, dance,

paintings and other art forms)

Information about support measures and

support for vulnerable persons

Administrative authorities and State

services

Individual and collective intervews APIX

Mayors and neighbourhood delegates Prospectus on support measures

available

SF

Population and PAPs Linkage with technical and State

services based on required support

measures

Civil society Linkage with NGOs and other

organizations likely to provide support

5. INTEGRATION IN HOST COMMUNITIES

PAPs were able to express their preferences in terms of compensation and resettlement. The

three most affected PAP categories – households living in an impacted compound; owners and

tenants operating a business and agricultural sector stakeholders – clearly indicated their

preference for compensation in cash. The proportion of PAPs having chosen this option is 76%

while in-kind compensation is the first choice of 10% of PAPs. Those who preferred in-kind

compensation the most are PAPs in business hubs. Only a few household-head PAPs or

business-hub PAPs opted for a combination of the two compensation methods but these were

fewer than those who did not share their preferences. Agricultural PAPs liked to obtain land in

replacement and equipment to be paid in cash. Although PAPs were generally compensated in


13

kind, they preferred to supervise the reconstruction of their homes or business places

themselves. Thus, it was noted overall that PAPs prefer to have control over their compensation

whether paid in cash, or by overseeing themselves the replacement of their lost goods. The few

formal enterprises affected by the projet expressed similar preferences.

At the level of resettlement preferences, most PAPs prefer remaining close to the place where

they currently live or work, and if possible in the same neighbourhood or at least in the same

commune.

In the final analysis, the issue of integration in host communities does not arise since all PAPs

are likely to be relocated in the same zone.

6. SOCIO-ECONOMIC STUDIES

6.1 Identification of PAPs

APIX conducted a survey and a complete inventory of plots to identify persons likely to be

affected by the project and thus determine eligibility for compensation pursuant to the laws and

practices in force in Senegal.

This survey mainly identified the nature of plots, their status and typology as well as the

buildings and trees found thereon and lastly the number of PAPs (individuals and/or corporate

bodies). The latter were identified normally based on the right of occupancy and nature of

expropriation by commune. Table 7 below presents the number of PAPs by commune/District.

Table 7: Number of PAPs by Commune and Department

Communes

PAP Categories

Total Household

Heads

Formal

Enterprises

Collective

Infrastructure

and Facilities

(IEC)

Non

Residents/

Non

Operators

Agricultural

Lands

Business

Hubs

Dakar Plateau 1 2 0 0 0 2 5

Hann Bel Air 1,513 9 13 211 38 872 2,656

Total Dakar 1,514 11 13 211 38 874 2,661

Dalifort-Foirail 49 6 3 26 35 601 720

Guinaw Rail North 41 2 2 48 0 122 215

Guinaw Rail South 9 0 0 54 0 64 127

Pikine West 13 0 1 107 0 255 376

Pikine East 161 1 0 119 0 132 413

Thiraoye Gare 316 7 23 593 0 2,416 3,355

Yeumbeul South 475 1 4 219 1 254 954

Diamaguene Sicap Mbao 287 0 5 153 3 580 1028

Tivaouane Diacksao 0 0 0 11 0 0 11

Mbao 132 1 2 106 40 253 534

Keur Massar 0 0 0 62 0 0 62

Total Pikine 1,483 18 40 1,498 79 4,677 7,795

Rufisque West 46 1 0 18 3 277 345

Rufisque North 53 0 1 18 0 56 128

Rufisque East 127 1 5 59 12 273 477

Bargny 23 1 2 97 11 158 292

Diamniadio 2 0 0 1 1 1 5

Total Rufisque 251 3 8 193 27 765 1 247

TOTAL 3,248 32 61 1,902 144 6,316 11,703

Table 8 below gives the status of the project’s direct impact on the riparian population by

commune.


14

Table 8: Aggregated Results of PAP Survey

PAP Categories

Department Household

Heads Formal

Enterprises

Collective

Infrastructure

and Facilities

Non

Residents/ Non

Operators

Agricultural Lands

Business Hubs

Total Ratio as %

Dakar 1,514 11 13 211 38 874 2,661 22.70%

Rufisque 251 3 8 193 27 765 1,247 10.70%

Pikine 1,483 18 40 1,498 79 4,677 7,795 66.60%

Total 3,248 32 61 1,902 144 6,316 11,703 100%

Ratio % 27.80% 0.30% 0.50% 16.30% 1.20% 54% 100%

7. LEGAL FRAMEWORK, DISPUTE SETTLEMENT AND APPEAL MECHANISMS

7.1. Land Tenure Regime and Senegalese Expropriation Regulations

The Senegalese Constitution of 7 January 2001 (Article 15) guarantees the right to own

property. The regulation governing land tenure in Senegal is founded on Act No. 64-46 of 17

June 1964 organizing the management of national lands. In Senegal, land is divided into three

categories: (i) national land made up of all unregistered land not classified as public land and

for which ownership is not recorded in the Mortgage Register; (ii) State land comprising public

land and private land which belong to the State and over which it holds the property rights; (iii)

individual land made up of land registered in the name of private individuals.

The regulation governing expropriation in the public interest is based on Act No. 76.67 of 2

July 1976 and Implementing Decree No. 77.563 of 3 July 1997. Act No. 76-67 sets out an

expropriation procedure whereby the State may, on the grounds of public interest and subject

to a fair and prior compensation as provided for by the Constitution of 7 January 2001, force

any person to cede to it the ownership of any privately owned property or real property right.

This Act is the legal basis for resettlement and compensation procedures. The ordinary

procedure for expropriation on the grounds of public interest consists of: (i) an administrative

phase (investigation, declaration of public utility, declaration of transferability, reconciliation

procedure) which, failing an amicable agreement, can lead to: (ii) a judicial phase during which

the property transfer is pronounced by the judicial authority who at the same time defines the

compensation amount. Despite the absence of a Population Displacement and Compensation

Policy Framework, Senegal has mechanisms to help resettle populations, especially as concerns

land restructuring and regularization.

Compensation scales are regulated by: (i) Decree No. 2010-400 of 23 March 2010 instituting

the scale of rents for occupying private State land; (ii) Decree No. 2010-439, repealing and

replacing Decree No. 88-74 of 18 January 1988, setting the scale of rents for bare land and

built-up land; (iii) Decree No. 2014-144 of 5 February 2014, as amended by Decree No. 81-

683 of 7 July 1981 and laying down the elements for calculating rents of residential premises.

7.2. AfDB Policy and Degree of Compliance

Operational Safeguard OS2 – Involuntary Resettlement – concerns Bank-financed projects that

cause the involuntary displacement of people. It concerns: (i) the relocation or loss of homes

by the persons residing in the project area; (ii) the loss of assets (especially loss of structures

and goods of cultural, spiritual and social significance) or involuntary restriction of access to

assets including national parks, protected areas or natural resources; (iii) the loss of sources of

income or means of livelihood as a result of the project, whether or not the affected persons are

required to move.


15

The specific objectives of this operational safeguard are the following: (i) avoid as much as

possible involuntary resettlement or minimize its impact when, after considering all project

design alternatives, involuntary resettlement is inevitable; (ii) ensure that displaced persons are

truly consulted and have possibilities of participating in the planning and implementation of the

resettlement programmes; (iii) ensure that displaced persons receive substantial assistance to

resettle under the project, such that their living standards, income-generating and production

capacity and livelihoods improve beyond the pre-project levels; (iv) give borrowers clear

guidelines on conditions to be fulfilled for involuntary resettlement in Bank operations so as to

mitigate the negative impacts of displacement and resettlement, actively facilitate social

development and establish a viable economy and society; and (v) establish a mechanism to

monitor the performance of involuntary resettlement programmes in Bank operations and find

solutions to problems as they occur so as to avoid ill-prepared and poorly implemented

resettlement plans.

The key points on which Bank policy requires going beyond national regulations are as follow:

(i) priority to compensation in kind over compensation in cash, particularly in the case of land

where the “land-for-land” replacement option should be prioritized, whenever possible; (ii)

compensation at full replacement cost, where compensation in cash needs to be applied (fruit

trees, crops, houses); (iii) assistance in restoring incomes and livelihoods (farming, fishing,

stockbreeding, harvests handicrafts etc.); (iv) compensation for commercial and artisanal

activities; (v) participation of affected persons in the entire resettlement process; (vi) support

for vulnerable persons; (vii) socio-economic empowerment of women in the project area; and

(viii) monitoring and evaluation, with support measures (training, technical support, discounted

loans etc.).

There is convergence on a number of points between the Senegalese legislation and the Bank’s

Safeguard Policy. These points of convergence relate in particular to: (i) eligibility for

compensation; (ii) eligibility date; and (iii) type of payment.

There are also points of divergence, the most significant being: (i) monitoring and evaluation;

(ii) economic rehabilitation; (iii) the resettlement costs to be paid by the expropriating party and

the cost of moving of PAPs, where applicable; (iv) occupants without formal right ; (v)

treatment of vulnerable groups; and (vi) alternative compensations.

These points do not appear to be totally in conflict with Bank guidelines. Instead, they actually

stem from the inadequacies of the Senegalese national legislation and as such, the Bank’s

Safeguard Policy will prevail and its principles will be applied to the TER Project.

7.2. Out-of-Court Mechanism

Although compensations are conducted exclusively in accordance with Senegalese legal and

regulatory frameworks, the provisions of Bank guidelines allow for minimizing the number of

complaints and appeals. In this case, the reconciliatory approach is applied since it preserves

the rights of PAPs while ensuring sound management of the compensation budget. It should be

noted that the Delegated Contracting Authority will foster and lend impetus to the establishment

and operation of the District Committee in charge of Additional Expenses Identification and

Assessment (CDREI), the Social Mediation Committee (CMS) and the National Ombudsman

(already provided for in the domestic legislation). They should also bring together the

representatives of Mayors, Prefects and local NGOs. The following mechanisms are proposed

to resolve conflicts that might arise due to population displacements: (i) in case of amicable

settlement, the legal period of 2 month will be granted to PAPs to move; (ii) any person feeling

aggrieved by the valuation/compensation process can file a complaint that will be recorded in

the complaints register at the level of facilitating structures (NGO) and brought before the


16

CDREI; (iii) in case of disagreement, the complaint is transmitted to the Social Mediation

Committee that arbitrates land conflicts and is chaired by the Prefect; this appeal avenue (prior

internal appeal) is highly encouraged and supported; (iv) if the complainant is not satisfied, he

can refer the matter first to the Operations Group and next to the courts. Appeal before the

courts is only possible if amicable settlement fails. However, this avenue is not recommended

for the project since it can block and delay activities.

This process is based on 3 mediation pillars, and is captured in the figure below.

Figure : Complaints Management

CDRI

Recording of the

Complaint

Review of the

Admissibilty of the

Complaint

Inadmissible Complaint Admissible Claim

Grounds for Rejection

Solution without a

Financial Impact

Solution with a

Financial Impact

APIXCase Transferred to

APIX

Proposal to

Complainant

Rejection of Proposal and

Request to Transfer case

to Higher Authority

Acceptance of

Proposal

CMSSocial Mediation

Commission (CMS)

Review and Decision

by CMS

Rejection of Decision and

Transfer of Case to Higher

Authority

Acceptance of

Solution by

Complainant

OPERATIONS GROUP

Transfer to Operations

Group (GO)

Review of Decision by

GO

Rejection of Decision and

Transfer of Case to Higher

Authority

Acceptance of Solution

by GO

Closure of Case

National Ombudsperson

Litigation

Reception of the Complaint by CDRI or the

Facilitating NGO

Consideration of solution by CDRI


17

8. INSTITUTIONAL ARRANGEMENTS

The tasks enumerated below can change depending on DPTER-APIX’s commitment towards

project affected persons. The scheduling and implementation of tasks take into account the

timeframe for FRP implementation, which is entirely the responsibility of APIX in its capacity

as delegated contracting authority under MTTD. Funds to finance plan-related expenses will

come from the project budget, particularly Senegal’s counterpart contribution. It will be subject

to external review at project completion, and this will help to ascertain that nobody loses his/her

livelihood under the TER Project. Monitoring reports will confirm that compensations have

been adequately paid.

Table 9: Implementation Responsibilities and Institutional Arrangements

Activity Responsible Entities Executing Entities (Operationalization)

Conduct of all FRP activities

Government of Senegal

APIX in its capacity as delegated contracting authority

Ministry of Economy and Finance

Ministry of Infrastructure, Land Transport and

Accessibility

APIX

Determination of the Land Tenure Situation Ministry of Economy and Finance DGID (Cadastral surveys and land tenure)

Preparation of Transfer Decree Ministry of Economy and Finance DGID (Cadastral survey and land tenure)

Dissemination of the RAP Ad Hoc Committee APIX, Operations Group (GO), CDREI,

Communes APIX

Supervision and Support for PAPs Ad Hoc Committee Facilitating structures

APIX APIX, GO and CDREI

Preparation of PAP Files Ad Hoc Committee

Facilitating structures APIX

Signature of Agreements with PAPs Ad Hoc Committee Reconciliation Committee

Payment of PAPs

Ad Hoc Committee CDREI for PAPs without real rights

APIX Land revenue collector for PAPs with formal

title

Verification that PAPs have been Actually Paid

APIX Facilitating structures

Notification of Right-of-way Clearance

Notifications Ad Hoc Committee Operations Group and CDREI

Demolitions Ad Hoc Committee

Enterprises, Operations Group, CDREI,

Facilitating structures and all other experts deemed useful

Support to Vulnerable PAPs (accompanying

them to the bank, etc.)

APIX Facilitating structures, APIX

Ad Hoc Committee Ad Hoc Committee

Support Measures including Resettlement

Support (administrative and financial support, etc.)

APIX Facilitating structures

Ad Hoc Committee APIX

Ad Hoc Committee

Complaints Management CDREI CDREI and Facilitating structures

Resolution of Complaints APIX CDREI

Implementation of Decisions APIX Entity concerned by the decision

Stakeholder Information, Sensitization and Consultation (in particular PAPs)

Ad Hoc Committee APIX, GO, CDREI and facilitating structures

APIX

Monitoring and Evaluation APIX APIX, facilitating structures and independent

evaluator

Pursuant to legal provisions governing expropriation, the main implementation stages of the

complete plan for the resettlement of project affected persons will be:

1. Decree of Public Utility,

2. Institutional workshop,

3. Information, Sensitization of owners and occupants,

4. Decree of transferability,

5. Assessment (photo, observation, initial survey, deadline),

6. Preparation of resettlement action plan (RAP),


18

7. Review and optimization of the resettlement action plan (RAP),

8. Validation of RAP by the Ad Hoc Committee

9. Convening of the Reconciliation Committee,

10. Reconciliation + Agreement deed + drafting of Committee report,

11. Payment of Compensations + Notification of Displacement,

12. Right-of-way Clearance + release of the right of way,

13. Start of Dismantling and Demolitions.

This build-and-design project has an intermediate stage consisting in optimizing the design

during final design studies. The aim is, among other things, to optimize the required right of

way and consequently reduce the impacts on the human environment.

The process timeline will comply with the sequence (8) dedicated to FRP review and

optimization, based on the final design studies, before (i) the resettlement of the expropriated

persons; (ii) requisitioning of the right of way; (iii) FRP monitoring and implementation; and

(iv) evaluation of FRP implementation.

9. ELIGIBILITY

9.1. Eligibility Criteria for Project Affected Persons

Pursuant to the Bank’s Involuntary Resettlement Policy, displaced persons will be entitled to

compensation and resettlement allowance for loss of land and other goods due to the project.

These are persons who bear the direct economic and social consequences of the project

stemming from the project components and relating to:

- involuntary withdrawal of land resulting in: (i) relocation and/or loss of housing; (ii) loss of

goods or access thereto; or (iii) loss of sources of income/livelihoods, whether or not the

affected persons are moved to another site; and

- involuntary restriction of access to areas legally defined as parks, and to protected areas,

which negatively impacts the livelihoods of the displaced persons.

PAPs who are thus entitled to compensation are normally categorized according to occupancy

right, the nature and severity of the consequences suffered and their own vulnerability.

- Those having formally recognized legal rights on land or other goods by virtue of the laws

of the country. This category includes persons who physically reside at the project site and

those who will be displaced or could lose access or livelihood due to project activities.

- Those who do not have legal rights or recognizable claims on the land they occupy in the

project impact area and who, although not belonging to any of the two categories described

above, can prove by themselves or through other witnesses that they were occupying parts

of the project impact area for at least 6 months before the deadline set by APIX.

These categories are entitled to resettlement assistance in lieu of compensation for land to

improve their previous living standards (compensation for loss of livelihood-related activities,

common land resources, structures, crops etc.)

9.2 Eligibility Date

The eligibility cut-off date corresponds to the end of the period of survey of affected persons,

their built-up properties and their agricultural and commercial assets in the project area. The

eligibility deadline was set at 30 June 2016 for phase I of the TER project. This date is included

in survey database. However, it should be noted that on 30 June, identification was still pending

for some PAPs which are private enterprises, public institutions or State agencies since their

survey requires the delegated contracting authority to take additional steps. These are called


19

special status PAPs. Otherwise, beyond that date, occupancy and/or exploitation of the resource

targeted by the project can no longer be eligible for compensation.

Besides, it is recommended that survey data be updated, based on detailed studies, roughly two

months before the displacement of the population. Updating the survey is important since rightful

claimants can only be compensated for assets they held by 30 June 2016. PAPs should be able to

continue to invest and enhance their assets without being penalized.

The proposed approach aims to avoid economic stagnation in the area pending

implementat ion of the project therein, while discouraging speculative migration of

people, which is often observed in similar circunstances.

10. ASSESSMENT OF COMPENSATION FOR LOSSES

10.1 Assessment of Unit Costs

Identification and estimation of compensation as well as other assistance and compensatory

measures were treated in a participatory approach by the local authorities, project affected

persons and APIX on behalf of MITTD. They reflected past experience with similar projects in

the country such as the Highway Project. The scales for compensation are as follows:

10.1.1 Compensation for Loss of Land

The project’s right of way will take up a land area estimated at 725,000 m2. The basic principle

adopted in determining compensation in case of loss of land is to pay PAPs a sum equivalent to

the market value of the land lost. Transactions made over the past months were analyzed via

three sources of information that were consulted: (i) notarial studies of the project area; (ii)

private real estate developers; and (iii) land-revenue-collection offices of the districts of Dakar,

Pikine and Rufisque. Data collected from each of these sources are compared to the scales

defined in Decree No. 2010-400 of 23 March 2010, which serves as a benchmark1.

After analysing data from the three sources, it was concluded that data from land revenue offices

in charge of registration presented a more representative sample compared to those obtained

from notaries public and real estate developers. Consequently, the data that served as basis for

determining compensation for loss of land in this RAP came from the land-revenue-collection

offices of the districts of Dakar, Pikine and Rufisque.

The project area is divided into six zones whose limits are summarized as follows:

Area Name Area

1 Dakar Plateau From Dakar train station to Cyrnos roundabout

2 Hann From Cyrnos roundabout to Colobane bridge

3 Industrielle From Colobane bridge to Seven Up roundabout via Capa, Hann Ferrailles, Dalifort Foirail

4 Pikine

From Seven Up roundabout to Mbao and comprising the communes of Pikine East, Pikine West,

Pikine North, Diamagueune Sicap Mbao, Thiaroye, Guinaw Rails North, Guinaw Rail South, Keur

Massar, Yeumbeul and Mbao

5 Rufisque Mbao to the SOCOCIM plant comprising the communes of Rufisque East, West and North

6 Bargny and

Diamniadio

From SOCOCIM factory to the eand of the rail section

Thus, PAPs will incur land-transaction-related costs, either registration fees making up 15% of

transfer charges or notary fees generally representing 4.5% of the transfer price. In the final

analysis, the scales applied are presented in Table 10 below.

1 Decree No.2010-400 of 23 March 2010, setting the level of rents for occupation of private State lands, remains the Senegalese

State’s official reference for land compensation. Nevertheless, the scales stipulated in this decree have not been updateed since

its adoption.


20

Table 10: Scales for Loss of Land

Area Name

Average Price,

Including Land

Title Deed (TD)

Charges,

CFAF/m2

Harmonization of

Scales for TD

CFAL/m2

Leasing Scale Scale for Occupant

devoid of Real

Rights - CFAF/m2

(40% of LC)

Maximum,

Decree No.2010,

CFAF 439/m2

CFAF/m2 (70%

of TD)

1 Dakar Plateau 717,000 717,000 501,900 286,800 300,000

2 Hann 332,786 333,000 233,100 133,200 65,000

3 Industrielle 69,045 70,000 49,000 28,000 35,000

4 Pikine 47,795 48,000 33,600 19,200 40,000

5 Rufisque 26,449 27,000 18,900 10,800 10,000

6 Bargny and Diamniadio 7,043 10,0002 7,000 4,000 10,000

10.1.2 Compensation for Loss of Building

The per-square-metre unit price (UP) of a building is presented for each category defined by

Decree No. 2014-144 and the value is defined by Decree No. 2010-439. Each additional floor

of a storey building represents 75% of the UP of the ground floor.

Table 11: Scales for loss of buildings

Category of Housing Category Unit Price in

CFAF/m²

UP for

Additional

Floor in

CFAF/m²

Luxury housing Category 1 153,000 114,750

Luxury housing of a functional design Category 2 142,000 106,500

Middle-market housing with modern amenities Category 3 135,000 101,250

Middle-market housing Category 4 118,000 88,500

Middle-market housing with economy-type finishing Category 5 89,000 66,750

Social-housing Category 6 66,000 49,500

Basic housing of the hut type Category 7 44,000 33,000

10.1.3 Compensation for Loss of Equipment

The compensation levels were obtained from civil engineers and technicians working in the

project area based on compensations already paid during other major works projects

implemented in the area.

Table 12: Scales for Loss of Equipment

Equipment Category Price in CFAF Unit of Measure

Basin (including waste water) 50,000 Per unit

Traditional wells 150,000 Per unit

Modern wells 250,000 Per unit

Private water tanks 500,000 Per unit

Enclosure for animals 50,000 Per unit

Farm huts 12,000 Per unit

External toilet (latrine type) 250,000 Per unit

Wooden and mat sheds for resting 15,000 Per unit

Borehole (Diambar pump) 150,000 Per unit

Standpipe 25,000 Per unit

Cattle watering hole 50,000 Per unit

Walless kitchen 375,000 Per unit

Kitchen with walls 750,000 Per unit

Adobe brick bread ovens 75,000 Per unit

Granary 750,000 Per unit

Pigeon pen 150,000 Per unit

2 The TER right of way is classified under the heading “other land” (Decree No. 2010-439)because it is neither in a business

district nor in a residential area. The decree sets the value of these lands at CFAF 10,000 per m². In the RAP assumption and

based on the methodology used, the scale finally adopted is CFAF 7,043 per m². Based to the RAP principles, the most

advantageous price is applied for PAPs. Consequently, the rate of CFAF 10,000 per m² will be applied to compensate PAP

landowners situated at Diamniadio


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Poultry house 150,000 Per unit

Domestic store 750,000 Per unit

Compost dump 50,000 Per unit

External latrine-shower bloc 250,000 Per unit

External latrine 250,000 Per unit

External shower 250,000 Per unit

Wooden and mat hut for resting (non residential) 15,000 Per unit

Fence built using durable materials 15,000 Linear metre

Barb wire fence 9,500 Linear metre

Zinc fence 3,000 Linear metre

Fence in grills 2,500 Linear metre

Straw fence 800 Linear metre

Hedge fence 400 Linear metre

Paling fence 200 Linear metre

10.1.4 Compensation for Loss of Trees

Concerning fruit production, the market prices of fruits are published in ANSD’s economic

statistics bulletin of April 2016 and were used when available. However, for fruits whose prices

are not published, agricultural and forestry specialists were consulted and the findings verified

through a price survey in a number of markets in the project area.

Table 13: Scales for Loss of Mature Fruit-bearing Trees (in production)

Species Market Price for

Unproductive Tree

Market Price for

Productive Tree

Average Fruit

Production

(kg/tree)

Average Market

Price CFAF/kg

Age when

Production Starts

Cashew tree 10 000 15 000 6,5 510 2

Avocado tree 5 000 10 000 20 1 298 5

Almendro 10 000 15 000 300 500 3

Banana plant 15 000 25 000 15 500 1

Cherry tree 15 000 25 000 200 200 2

Algerian cherry 8 000 15 000 100 500 3

Red cherry tree 15 000 25 000 200 250 3

Chestnut 5 000 7 000 50 1 000 2

Grafted lime tree 15 000 35 000 200 961 5

Ungrafted lime tree 11 000 16 000 125 150 5

Coconut tree 30 000 50 000 150 510 4

Sour sop 20 000 35 000 300 1 500 2

Date tree 40 000 75 000 60 715 7

Figue tree 15 000 25 000 100 300 3

Guava tree 24 000 35 000 32,5 400 2

Grenadier 15 000 25 000 900 1 000 2

Grafted jujube tree 30 000 50 000 50 796 1

Mandarine tree 30 000 40 000 150 1 098 4

Grafted mango tree 18 000 35 000 325 250 4

Ungrafted mango tree 12 000 25 000 350 62,5 4

Orange tree 13 000 20 000 175 395 4

Rhun palm tree 15 000 25 000 20 200 7

Pomelo 10 000 20 000 300 633 5

Pawpaw tree (dwarf) 15 000 25 000 475 1 048 1

Pawpaw tree (solo) 20 000 30 000 425 550 1

Poncannelle 8 000 15 000 80 1 000 2

Sapodila tree 15 000 35 000 700 550 3

Tamarind tree 5 000 10 000 30 525 7

Other species (a) 5 000 10 000 15 300 3

(a) Other species include species that could not be identified and those that are rare (custard apple, passion fruit, etc.)

10.1.5 Compensation for Loss of Revenue

Scales for loss of agricultural revenue were obtained from agricultural specialists. ANSD’s

economic statistical bulletin of April 2016 also served as reference.


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Table 14: Official Price List

Harvested Produce Average Yields

(kg/m2)

Average Market

Price CFAF

Groundnuts 0.0925 437

Egg plant 3.2 303

Bitter egg plant 2.25 506

Beet root 1.15 600

Carrots 1.7 313

Catalpa (Nana) 2.5 7,000

Celery 2.5 6,000

Cabbage 3.25 334

Chinese cabbage 2.25 800

Cucumber 4.25 759

Squash 2.5 650

Okra 2.2 999

Green beans 0.08 429

Lettuce (salade) 2 487

Chinese laurel 2.5 10,000

Maize 1.25 212

Cassava 2.75 455

Millet (souna and sanio) 0.08 245

Mint leaves 2.5 7,000

Turnip 2 268

Niebe 0.85 753

Onion 2.1 323

Garden sorel 0.225 200

Parsley 2.5 200

Pepper 1.2 725

Sweet pepper 1.5 896

Irish potatoes 2.6 354

Radish 2 400

Rice 0.2 268

Sorghum 0.089 248

Tomatoes 2.2 410

Farmers, be they owners or tenants, are compensated for harvest losses. The number of harvests

considered is two per year, except for cereals that are grown exclusively in the rainy season

(sorghum, millet, maize, rice). Plans are underway to provide assistance for the preparation of

new lands and the amount paid per hectare is CFAF 150,000.

Commercial Revenue

Loss of revenue by formal enterprises is compensated depending on the declared turnover, if

such turnover can be demonstrated by financial statements. If an enterprise is not able to

demonstrate its declared turnover, then the average monthly turnover of enterprises of the same

sector of activity and of the same size, is used as the benchmark. In all, formal enterprises are

paid compensation equivalent to 6 months of turnover.

Table 15: Scales for Loss of Revenue

Category

Number of

Valid

Observations

Number of

Observations

Above CFAF

1,500,000

Average

Monthly

Revenue

Average Monthly

Group Revenue (<

median)

Average Monthly

Group Revenue

(≥ median)

Agency and services 123 16 308,000 189,000 639,000

Cattle/livestock feed business 66 16 800,000 372,000 972,000

Sundry businesses 408 58 600,000 264,000 929,000

Foodstuff businesses 657 48 400,000 182,000 757,000

Household appliances and IT equipment

businesses 115 17 480,000 207,000 723,000

Textiles, cosmetics and beauty accessory

businesses 559 97 600,000 263,000 969,000

Construction 101 25 820,000 384,000 1,158,000

Foundry and ironworks 177 20 420,000 237,000 816,000


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Cottage industry 406 19 300,000 156,000 616,000

Automobile-related trades 460 30 360,000 197,000 721,000

TOTAL 3,072 346

Note : Declared monthly incomes above CFAF 1,500,000 are excluded from the calculation of the average of the 2nd group of

business hubs, since they exceed the average monthly income of very small formal enterprises

In the case of informal-sector enterprises, PAPs are entitled to compensation equivalent to one

month of income, based on the compensation principles. If a PAP refused to declare his/her

income during the survey, he/she will receive the compensation reserved for low-income

businesses, corresponding to the 1st Group. The PAP must demonstrate that its average monthly

income was higher for the compensation to be revised.

10.1.1 Compensation for Loss of Rent

All landlords who rent out a plot of land, house or business premises are entitled to

compensation for loss of rent. This loss is estimated from the rent revenue declared by the

lanlord during the survey or from the average rates of rent in the project area. In case of dispute

on lost income, it is possible to validate the rent-related income from tenants since they declared

during the survey the rents they pay.

10.1.2 Assistance to Vulnerable Persons for Moving-related Losses

For PAPs who own a formal enterprise or a collective infrastructure or facility (IEC), the

estimated lumpsum assistance stands at CFAF 1,500,000 per enterprise or IEC. This assistance

seeks to cover costs linked to inventory, transfer of equipment and furniture, moving,

administrative charges and other resettlement-related costs.

For business-premise-related PAPs, whether or not they possess movable or immovable

structures, the estimated lumpsum assistance is set at CFAF 150,000 per site. This assistance is

aimed at defraying displacement and resettlement costs.

Regarding housing, resident landlords and resident tenants are entitled to a displacement and

resettlement assistance of CFAF 25,000 per room occupied. Further, they will be paid a

resettlement-assistance allowance equivalent to six months of rent. The rents declared during

the survey serve as the basis for calculation. If rents paid were not declared, then the average

rent in the area will be used.

For their part, housed PAPs will receive a lumpsum displacement and resettlement assistance

if they occupied an entire compound by themselves. The envisaged assistance stands at CFAF

25,000 per room occupied. In contrast, if they are housed in a compound where one or several

other households also live, it is the PAPs housing them that will receive the displacement and

resettlement assistance for rooms occupied by the housed PAPs.

Lastly, if PAPs having to vacate their place of residence have to do so faster than was agreed

during reconciliation, the rehousing assistance described earlier is revised upwards and 2

additional months will be added to the compensation amount.

Operation of the National Committee:

The aim of this measure is to endow the committee with the wherewithal to conveniently and

satisfactorily ensure close monitoring of the FRP implementation.

Related Improvement Infrastructure

Related project infrastructure are intended to improve the compensatory social measures

adopted. They will include: (i) the development of 5 multi-purpose sports platforms in Hann,

Pikine, Thiaroye, Rufisque and Diamniadio; (ii) the development of shops and other business

premises in Colobane, Hann, Pikine, Thiaroye, Rufisque and Diamniadio; (iii) support to youth


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and women’s associations in Colobane, Hann, Pikine, Thiaroye, Rufisque and Diamniadio; (iv)

the control and supervision of related works; and (v) the final design studies and BDs of related

works

10.2 Assessment of Compensation for Losses

Bank policy on the improvement of PAPs’ living conditions will be implemented. For the

physically displaced, improving living conditions should go beyond compensation and be

considered as part of the support measures agreed with PAPs and their respective communities.

The amount of compensation for loss of land, buildings, activities, trees etc is summarized in

Table 16 below:

Table 16: Summary of Compensations

Category of

Loss Type of Loss

Compensations

Dakar Pikine Rufisque Total

Land losses

Compounds 3,417,965,000 699,792,441 990,810,200, 5,108,567,641

Agricultural plots of land 20,073,300 73,044,400 31,733,000 124,850,700

IEC + Institutional 2,838,358,800 472,567,900 88,407,000 3,399,333,700

Non resident or non-operating owners 427,637,000 522,485,801 322,593,000 1,272,715,801

Loss of buildings

and facilities

Household heads 1,440,129,750 4,689,435,124 4,597,519,000 10,727,083,874

Business places 1,855,603,055 2,040,523,948 808,934,051 4,705,061,054

Agricultural plots of land 13,132,600 12,790,000 996,600 26,919,200

IEC + Institutional 531,225,000 930,308,000 173,467,000 1,635,000,000

Non resident or non-operating owners 23,628,200 3,033,080,495 33,075,160 3,089,783,855

Loss of trees

Household heads 24,840,900 93,383,300 263,428,850 381,653,050

Business places 13,199,300 56,263,200 1,187,500 70,650,000

Agricultural plots of land 324,311,110 417,838,490 93,182,750 835,332,350

IEC + Institutional 56,000 1,000,000 1,055,000 2,111,000

Non resident or non-operating owners 755,500 60,681,000 14,761,000 76,197,500

Loss of revenue Income from rents 108,373,500 109,649,250 17,599,200 235,621,950

Income of PAPS in business hubs 337,134,000 1,216,492,000 251,374,000 1,805,000,000

Income of agricultural-sector PAPs 29,901,642 91,322,536 47,588,133 168,812,311

Disturbance-

related losses

Household heads residing in their properties 9,000,000 10,000,000 11,600,000 30,600,000

Tenant household heads 146,552,500 155,289,250 21,393,200 323,234,950

Business hub owners and tenants 203,503,596 677,184,818 209,311,586 1,090,000,000

IEC + Institutional 12,000,000 13,000,000 12,000,000 37,000,000

Users of agricultural plots of land 184,500 300,000 366,150 850,650

Reserve for formal enterprises 110,000,000 400,000,000 30,000,000 540,000,000

Sub-total 11,887,565,253 15,776,431,952 8,022,382,380 35,686,379,585

Physical Contingencies (20%) 2,377,513,051 3,155,286,390 1,604,476,476 7,137,275,917

Sub-total Compensations 14,265,078,304 18,931,718,342 9,626,858,856 42,823,655,502

The total compensation amount stands at CFAF 42,823,655,502. The budget for support and

RAP implementation stands at CFAF 4,282,365,550 corresponding to 10% of the total

compensation amount. The total budget of close to CFAF 47,106,021,052 is included in the

total project cost (CFAF 483,289.06 million) and represents 9.7% of it.

10.3 Payment Methods

As part of this FRP, all payment files relating to compensation and expenditure are prepared by

the competent committee and verified and paid by DPTER-APIX .

Compensation cheques will be handed to the persons concerned by the competent committees

after verification of the validity of the identification document. The person concerned will be

issued a displacement notice and will undertake to vacate the premises within 10 weeks.

The necessary resources for the implementation of the resettlement Plan will be paid into a

special account and managed by APIX – the project’s Delegated Contracting Authority.


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11. IDENTIFICATION OF RESETTLEMENT SITES

As indicated in section 5, interviews with the Departmental Town Planning services of Dakar,

Pikine and Rufisque show that land has become virtually unavailable except in Rufisque. With

the results of these interviews, various avenues were explored to resettle PAPs heading

households. The real-estate programmes underway in Dakar region were initiated by the State

via two public and semi-public companies, SICAP and SN-HLM.

The scarcity of agricultural land in the Dakar urban centre complicates the resettlement of

agricultural PAPs. The FRP provides for a specific support programme for these PAPs. The

only possibility imaginable would be to search for land in Rufisque district or Thies region for

PAPs who would be interested to go there.

In communes where available land was identified, sites that could host business hubs are mainly

facilities that are envisaged but not yet built. The short-term intake capacity is limited to the

commercial centre situated in Thiaroye Gare municipality which can still take in 4,000

businesses. The remaining shops can possibly absorb a part of the demand expressed by PAPs

working in business hubs since their compensation will enable them to set up shop in a privately

developed properties where sales prices range between CFAF 3,250,000 and 7,000,000.

To help communes procure standard commercial facilities that can accommodate more

businesses, including some PAPs, the support measure envisaged by FRP consists in helping

local communities to secure financing to undertake further upward constructions or

densification of existing markets.

Lastly, for the specific case of large enterprises, the strategy is to integrate them into existing

or envisaged industrial areas through the Diamniadio Urban Centres programmes.

12. HOUSING, INFRASTRUCTURE AND SOCIAL SERVICES

PAPs that would be resettling themselves could be supported and integrated into various

ongoing real-estate programmes in the Dakar region, particularly in the Rufisque district. These

programmes are initiated by the State via two public and semi-public companies, namely

SICAP and SN-HLM or more recently, the Caisse de Dépôts et de Consignation, a new operator

in the sector.

Under these ongoing real estate programmes, one could mention in particular: (i) on the case of

SICAP, the Lac Rose programme on 70 hectares with 2,427 planned housing units, the Grand

Mbao programme on 10 hectares, with 300 planned houses and serviced land; (ii) I the case of

SN-HLM, the project to develop 5,000 serviced plots at Keur Massar, Rufisque (Tivaouane

Peulh) or the project to construct houses at Ndiakhirat, which is at the study phase; and (iii)

regarding the Caisse de Dépôts et de Consignation (CDC), a programme to build 4,445 housing

units at Bambilor.

13. ENVIRONMENTAL PROTECTION

In compliance with the laws in force in Senegal, an Environmental and Social Impact

Assessment (ESIA) study, complemented by an Environmental and Social Management Plan

(ESMP), must be prepared and validated before implementation so as to identify risks for any

new resettlement site as well as related works not forming part of the project area in order to

avoid jeopardizing the natural and human environment.


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14. IMPLEMENTATION SCHEDULE

The indicative FRP implementation schedule, including target dates, is proposed in the

following figure. It indicates activities to be carried out and the dates corresponding to the works

implementation schedule.

15. MONITORING AND EVALUATION

15.1 Monitoring-Evaluation Objectives and Content

Monitoring and evaluation are key components of resettlement actions, targeting the

following objectives:

i. monitoring of specific situations and difficulties arising during implementation and

ensuring implementation compliance with the goals and methods defined in the AfDB

Involuntary Resettlement Policy, in particular OS2, and in Senegalese regulations. It will

be conducted in a participatory manner by all actors, the Socio-Economist of APIX,

communal authorities and project supervisors, the population and affected communities;

ii. assessment of the medium and long-term impacts on affected households, their livelihoods,

incomes, economic conditions, the environment, local capacity, housing, emerging land

speculation, state of the environment and hygiene etc.;

iii. monitoring of vulnerable persons;

iv. monitoring of technical aspects of resettlement-site-development works and acceptance of

the technical components of resettlement actions; and

v. monitoring of the processing of complaints and conflicts.

In line with the stipulations of this document, monitoring aims to correct implementation

methods in real time during project execution, while evaluation seeks to verify whether

general policy objectives have been complied with and to draw lessons from the operation

in order to modify strategies and implementation within a more long-term perspective.

Monitoring will be internal, and evaluation external.

Monitoring of the project’s resettlement policy will be an integral part of overall project

monitoring. It will be conducted in a participatory manner by all the actors: APIX, municipal

authorities, project supervisor, and affected population and communities. The project’s socio-

economic impacts will be monitored throughout its duration.

Activities *M1 *M2 *M3 *M4 *M5 *M6 *M7 *M8 *M9 *M10 *M11 *M12 *M13 *M14 *M15 *M16 *M17 *M18 *M19 *M20 *M21 *M22 *M23 *M24 *M25

*1 Approval of the RAP

*2 Assessment of the Land Tenure Situation

*3 Preparation of the Transferabilty Decree

*4 Mobilization of Staff and Consultants

*5 Dissemination and Posting of the RAP

*6 Management of Claims

*7 Information and Consultation of PAPs and Stakeholders

*8 Training or Upgrading on the RAP

*9 Establishment of the RAP Files

*10 Support Measures - Legal and Financial Support

*11 Verification and Assessment of Losses and Subsequent Compensation

*12 Conciliation with the PAPs

*13 Support Measures - Relocation ands Resettlement Support

*14 Compensation Payments

*15 Monitoring of Payments

*16 Notification of Vacating of Rights-of-Way

*17 Vacating Rights-of-Way

*18 Support Measures - Support to Student Registration

*19 Demolition

*20 Support Measures - Support to the Resumption of Activities

*21 Support Measures - Transition Support

*22 Monitoring Activities

*23 Evaluation of Results

Schedule (in months)


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15.2 Monitoring Indicators

The following overall indicators will be used:

- number of households and persons affected by project activities;

- number of people physically expropriated by project works;

- number of people compensated by the project ; and

- total amount of compensations paid.

Furthermore, socio-economic indicators will be designed and monitored for a PAP sample,

for example the following:

- average monetary income and total average income (with development of

consumption by the producers themselves);

- average distribution of the household expenses of expropriated owners; and

- number of totally jobless people;

The initial value of these indicators can be established from the socio-economic surveys

included in the census update by the expropriation commission. Subsequently, it could be useful

to update these surveys once every year, for example, using a sample of about 15 to 20% PAPs.

Vulnerable persons will be the target of special social monitoring. An annual monitoring report

will be prepared by APIX. Internal monitoring reports, prepared by the latter, will help to

present the progress of the operation, and to see whether compensations have been paid as

planned in the FRP and used wisely to improve the living standards of those concerned.

15.3 FRP Evaluation

An external evaluation of FRP implementation will be conducted for all PAPs. APIX will

entrust the programme evaluation to an independent audit firm. This external audit will consist

in checking whether FRP implementation was consistent with the stated objectives and the

provisions of Senegalese legislation and Bank guidelines.

Specifically, monitoring-evaluation must make it possible to ensure that: (i) compensations

defined beforehand have been paid; (ii) vulnerable groups are properly catered for; (iii) all

complaints have been considered and the deliberations are known; (iv) the FRP implementation

schedule is complied with; and (vi) resettlement does not create negative impacts or where they

exist, that such impacts are under control. It involves especially ensuring that the living standard

of PAPs does not drop.

Monitoring-evaluation will also consist in assessing various categories of project affected

persons’ level of satisfaction with the compensation methods. For its part, impact assessment

will consist in conducting a comparative analysis based on a baseline case study at project start-

up and a situational study at mid-term and at project completion. The terms of reference of the

external evaluation of FRP implementation will comprise in particular:

a) organizing surveys by polling a cross-section of different categories of the affected

population, indicating the number of dispute cases, the number of reconstitution

of PAP activities and by these means, highlighting the degree of satisfaction and

possible grievances;

b) on these grounds and considering the general institutional and technical context of

the operation, assessing the following points: (i) organizational arrangements put


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in place ; (ii) adequacy of human and material resources for attaining the set

objectives; (iii) consistency of the communication-consultation and internal

monitoring arrangement with the socio-economic conditions of affected persons ;

(iv) evaluation of the implementation of commitments taken; (v) adequacy of

planned budgets and analysis of gaps; (vi) evaluation of the fairness of

compensations, pending litigation and the risk incurred by the project due to these

litigations; and (vii) evaluation of the level of reconstitution and pursuit of PAP

activities.

The following parametres can be considered:

On the payment of compensations:

- full compensation must be paid to affected persons well before commencement of

the expropriation procedure;

- the compensation amount must be enough to replace the lost goods; and

- compensation for affected buildings must be equivalent to the replacement cost of

materials and labour based on construction prices in force and no deduction should

be made for depreciation of buildings or for the value of materials that can be

recycled;

concerning public consultation and knowledge of compensation policies:

- affected persons should be fully informed and consulted on land acquisition and

resettlement procedures;

- APIX/DELE’s FRP focal points should participate in information meetings; and

- the agency should assess affected persons’ knowledge of compensation policies

and their rights;

level of satisfaction:

- the affected person’s level of satisfaction with the various FRP aspects should be

assessed and scored;

- the conduct of the appeals procedure and rapidity of compensations should be

assessed; and

- the reconversion of activities will complete the FRP evaluation.


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REPUBLIC OF SENEGAL One People – One Goal –One Faith

DECREE No. 2015-298

Declaring the Dakar-Blaise Diagne International Airport (AIBD) Regional Express Train (TER) Project a public

utility venture;

THE PRESIDENT OF THE REPUBLIC

WHEREAS the Constitution;

WHEREAS Act No. 64-46 of 17 June 1964 on the National Public Domain;

WHEREAS Act No. 76-66 of 2 July 1976 Establishing the National; Public Domain Code;

WHEREAS Act No. 76-67 of 2 July 1976 Governing Expropriation on Grounds of Public Utility and with a

View to Conducting Other Land-related Operations for Public Interest;

WHEREAS Act No. 2011-07 of 30 March 2011 on the Land Tenure Regime;

WHEREAS Decree No. 64-573 of 30 July 1964 Implementing Act No. 64-46 of 17 June 1964 on the National

Public Domain, particularly its Articles 29, 36 and the following;

WHEREAS Decree No. 77-563 of 3 July 1977 Implementing Act No. 76-67 of 2 July 1976 Governing

Expropriation on Grounds of Public Utility and with a View to Conducting Other Land-related

Operations for Public Interest;

WHEREAS Decree No. 2014-845 of 6 July 2014 on the Appointment of the Prime Minister;

WHEREAS Decree No. 2014-849 of 6 July 2014 on the Composition of the Cabinet;

WHEREAS Decree No. 2014-853 of 9 July 2014 on the Distribution between the Office of the President, the

Office of the Prime Minister and the Ministries, of the State Services and the Services Entrusted

with Inspecting Public Institutions, Public Corporations and Parastatals;

WHEREAS at the request of the party concerned;

WHEREAS the favourable opinion of the Public Domain Operations Control Commission during

consultations it held at its premises on 13 January 2015;

UPON the report of the Minstry of the Economy, Finance and Planning;

HEREBY DECREES

ARTICLE ONE - the Dakar-Blaise Diagne International Airport (AIBD) Regional Express Train (TER) Project

is declared a public utility venture.

ARTICLE 2: Requisite expropriations shall be conducted within a period of three (03) years in compliance with

the provisions of Article 3 of Act No. 76-67 of 2 July 1976 Governing Expropriation on Grounds of Public Utility

and with a View to Conducting Other Land-related Operations for Public Interest.

ARTICLE 3: The Minister of the Economy, Finance and Planning shall be responsible for implementing the

present Decree which shall be published in the Official Gazette of the Republic of Senegal.

Done in Dakar, on Five March of the Year Two Thousand and Fifteen (05 March 2015

By the President of the Republic Macky SALL

The Prime Minister

Mahammed Boun Abdallah DIONNE

AFRICAN DEVELOPMENT BANK GROUP PROJECT : DAKAR …...The Dakar-Diamniadio-AIBD (Blaise Diagne...

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