Dakar Toll Road - Phase 2 - Diamniadio-Aibd Section

Language : English
Original : French
AFRICAN DEVELOPMENT BANK GROUP
PROJECT:
Dakar toll road - Phase 2
COUNTRY:
SENEGAL
__________________________________________________________________
EXECUTIVE SUMMARY OF THE RESETTLEMENT ACTION PLAN
DAKAR TOLL ROAD - PHASE 2
DIAMNIADIO-AIBD SECTION
April 2014
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Name of the project: Dakar toll road, Phase 2, Diamniadio-AIBD Section
Country: Senegal
Project number: P-SN-DB0-018
1. Project description
Phase 2 of the DIAMNIADIO-AIBD Highway project starts out to the East of the Diamniadio
interchange and constitutes the continuity of Phase 1. The 16.50 km long highway presents the
following characteristics:
 A 24.60 m platform in the link section (2 x 2 carriageways),
 Two diffusers,
 11 structures including two overpasses, six underpasses and two pedestrian
footbridges.
 Three toll stations. The toll operates as an open system.
The Zone of influence of the project includes:
 Part of the Department of Rufisque (Area of Dakar) with the concerned towns of
Bargny, Diamniadio and Sébikhotane;
 Part of the Department of Thiès (rural community of KEUR MOUSSA)
In the area of Dakar, the highway right-of-way cuts across the agricultural land located in the
rural zones of the towns of Diamniadio and Sébikotane. Thus, the agricultural land of the
villages of Déni Malick Guèye, Déni Demba Codou, Refusal Babacar Diop, Sébi Ponty, Sébi
Kip-Kip, Yam and Yéba are concerned by the passage of the Highway.
For the area of Thiès, the Highway cuts across the agricultural land of the rural Community of
Keur Mousseu. The villages Touli, Landou, Kessoukhat and Soune are concerned by the
Highway.
The current section is 100 meters wide except for the right-of-way of the two RN2 interchanges
and the provisional end of the project in the vicinity of the AIBD. These works will indeed
require a wider right-of-way than that of the current one.
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2. Legal framework
2.1
At the National Level
Land in Senegal is divided into three categories:
• The National Domain consists of land that is not classified in the public domain, that is
not registered or the ownership of which was not registered with the deed's office.
• The State Domain includes both public and private domain and refers to real-estate goods
and rights owned by the State.
• The Private Domain refers to land that is registered under private individuals.
Land legislation is informed by several texts. The most important are:
- Act n° 64-46 of June 17, 1964 relating to National Land;
- Act n° 76-66 of July 2, 1976 relating to State-owned Land;
- The Civil code and the Decree of July 26, 1932, which apply to privately owned land.
- The Codes of Civil and Commercial Obligations (COCC).
Within the framework of the Diamniadio-AIBD section of the Highway, all the affected land,
with one exception, falls under the category of the national domain, a part of which is located in
urban areas (the towns of Sébikotane and Diamniadio) and another part in an agricultural area
(rural community of Keur Mousseu).
The construction of the Diamniadio-AIBD section of the toll road has an impact on the land
around the Dakar region, especially the land located in the Department of Rufisque, as well as
the land in the area of Thiès, which are precisely located in the Department of Thiès.
Within the framework of the construction of the Highway, affected land fall under the
jurisdiction of the artificial public domain (roads), and under the jurisdiction of both dedicated
private spaces, which includes the buildings put at the disposal of the State so that it can be
operational (jails) and non dedicated private spaces (ordinary leases, 99 year leases). No private
land title was identified within the space that falls within the layout of the toll road. There are
neither tenants nor sub-tenants in the case of this right-of-way.
EXPROPRIATION IN THE PUBLIC INTEREST (Act 76-67 of July 2, 1976 and its Decree
of application n° 77-563 of July 3, 1977)
Act 76 - 67 of July 2, 1976 relating to expropriation in the public interest constitutes the legal
basis for the procedures of expropriation in the public interest (EPI). Article 1 of this text defines
EPI as follows: “the procedure through which the State can, in the public interest and subject to a
fair and preliminary compensation, constrain any person to yield the ownership of a building or a
real property right”.
The compensation within the framework of an expropriation must meet the two following
requirements:
• Preliminary in the sense that the compensation amount is established, paid or consigned prior to
taking ownership;
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• Fair in the sense that it must repair the entirety of the damage, the expropriated party having to
be accommodated in conditions quasi-similar to his/her former situation. The allocated
compensation must cover the entirety of the direct, material and unquestionable damage caused
to the expropriated party.
The declaration of public interest must be preceded by an investigation, the opening of which is
to be announced publicly so that people can make observations.
With regard to the natural or artificial public domain of the State, indemnity is not envisaged in
the event of a withdrawal of land by the State. Article 13 of Act n° 76-66 of July 2 outlining
what falls under the Domain of the State specifies that “the authorizations to occupy the natural
or artificial public domain are granted on a personal, precarious and revocable basis”.
With regard to land that falls under private ownership, a decree outlines the area in question and
then the compensation amount to be allocated to the dwellers is estimated by the commission
established to manage expropriation. Art. 38 of decree n°64-573 of July 30, 1964 which sets the
conditions for the application of Act 64-46 of June 17, 1964 relating to the national domain in its
modified version by decree 91-838 of August 22, 1991 allows any dweller to be compensated.
The State has the right to compensate in kind or in cash.
Article 29 of Decree 64-573 of July 30, 1964, which sets the conditions for the application of
Act 64-46 of June 17, 1964 makes provision for the land that falls under the national domain,
allocated in accordance with the provisions of articles 8 and 11 of law 64-46 of June 17, 1964, be
it either to rural communities, or to co-operative associations or to any other organisation created
on the initiative of the Government or with its approval and placed under its control and
necessary to the implementation of operations declared of public interest, to be registered in the
name of the State under the following conditions:
- Declaratory act of public interest;
- An estimate of the compensation to be paid to the occupants by a commission chaired by
the Prefect, supported by his technical services;
- A decree enacted pronouncing the decommissioning of the area concerned, on the basis
of the commission's minutes.
The same principles apply to the land located in urban areas. However, the indemnities to be
paid, if applicable, to the occupants, are proposed by the commission established according to
the legal provisions made with regard to expropriation. The indemnities owed apply exclusively
to buildings, installations, plantations and crops located in the affected zone and which are the
realisations of the occupants, as per the national legislation.
The grounds concerned by the right-of-way of the Diamniadio-AIBD fall under this latter
category. For this reason, the commission of conciliation can be qualified to carry out the
indemnification procedures for the PAPs.
The resettlement policy adopted within the framework of this highway section relates exclusively
to compensation in cash.
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2.2 On the level of the investors:
The RAP is elaborated in compliance with (i) the Involuntary Resettlement Policy of the African
Bank of Development (2003) and the (ii) Operational Policy 4.12 of the World Bank. In the
event of differences between the donors’ policies, it is recommended to apply the most rigorous
provisions, since the guiding principles of resettlement policies are most of the time similar.
They aim to avoid or minimize displacements or delocalisation of people and, when those are
inevitable, they recommend the improvement of their livelihoods and living environment.
2.3
Comparison between national legislation and investors' requirements:
The points of convergence are eligibility to compensation, deadline of eligibility and type of
payment. The points with the most important differences of views are as follows: participation,
irregular occupation, specific assistance to vulnerable groups, removal of PAPs, costs of
resettlement, economic rehabilitation, manner of solving litigation, and monitoring and
evaluation.
Possibilities of bringing together differing positions exist in view of the evolving way in which
the State intervenes with regard to resettlement, which is described as follows:
- Participation is more important in the resettlement process of investors, but positive law
does not prohibit it. It just specifies that at certain stages, participation is compulsory and
the executive agency, the APIX, has set up a dedicated team to facilitate participation
throughout programme implementation.
- Irregular occupants have, for several years, been subject to eviction operations but
through certain private structures and within the framework of the Operational group, the
State takes the situation of irregular occupants into account. Moreover, the amendment
stipulated in article 38 of decree n° 65-573 regulating the national field supports this
approach.
- The legislation does not make provision for vulnerable groups, but positive
discrimination can be brought forward on this issue. Moreover, within the framework of
any resettlement operation, the elderly, women, the youth and people with a precarious
and low income are regarded as a privileged target.
- With regard to the payout of litigation, in the name of the principle of proximity,
investors prefer having the local authorities involved. This does not contradict the legal
texts. It is nevertheless essential to resort to formal legal proceedings should a dead end
be encountered in both cases.
The policy and the procedures outlined in this plan constitute the legal base for the
implementation of all the activities pertaining to the displacement of people within the
framework of the Diamniadio section - AIBD of the toll road construction project. The approval
of the APIX submission of this RAP for approval by the donors implies that the Government of
Senegal undertakes to comply with the environmental and social conservation policies of the
aforesaid donors in the context of the applicable national legislation. In the event that differences
in standards are encountered, the higher standard will be adopted as this will ensure that the least
inclusive standard will also be met.
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3. Institutional framework
The organizations or authorities enumerated hereafter are responsible for the displacement and
compulsory resettlement operations within the framework of the State's large infrastructures
projects.

APIX S.A.:
The APIX was created in 2000 as the executive agency responsible for the implementation of
some of the State's large infrastructure projects.
The General Coordination of Large Civil Works (CGT) is responsible for the supervision and
operational monitoring strategy of Large Civil Works through its two operational Directorates,
namely:
 The Project Highway Directorate (DPA) is in charge of the technical aspects and
 The Environment and Clearing of Right-of-Way Directorate (DELE) is in charge of the
environmental and social aspects.

The Domain Operations Audit Board (CCOD) made provision for in article 55 of the State
Domain Code, particularly advises on the following land relates issues:
- The amount of the indemnities to be proposed as regards to expropriation for public
interest;
- The opportunity of resorting to the emergency procedure, as regards expropriation;
- The opportunity, compliance and financial conditions of all the operations pertaining
to the State's private domain, local communities and publicly owned establishments.
The CCOD includes several members among which:
- The Director of the Registration, Domains and Stamp Duties;
- The Director of Civil Cases or his/her representative;
- The Director of Town Planning or his/her representative;
- The Director of Land Use Planning or his/her its representative;
- The Director of the Registry or his/her representative;
- The Director of Investments or his/her representative;
- The Financial Controller or his/her representative;
- A representative of the service or organisation concerned by the project;
- A member of Parliament.
A Commission of conciliation is responsible for setting, through an amicable agreement, the
amounts of the indemnities to be paid the expropriated people.

The Dakar Operational team is the executive body of the ad hoc Committee responsible
for the supervision of operations for the clearance of rights-of-way. The Operational team
consists of a technical team made up of agents from the Town planning, Roads, Registry,
Domains, Land Use Planning and Building services. The representatives of the
Operational team are all able to carry out the evaluation of expenditure without requiring
any sort of assistance or training.
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
The Census and Expenditure Evaluation Commission (CDREI) established in each
department, has the role of determining the value of the goods in any operation of
recovery of the grounds that belong to natural or legal persons.

Following the February 2002 reform of the territorial and local administrative
organisation of the Republic of Senegal, Senegal was divided into departments,
municipalities and country boroughs. According to the compulsory expropriation Act,
municipalities are to play their normal part within the framework of this resettlement
operation.
4. Eligibility and Rights to compensation
Any person socially or economically concerned with this displacement is referred to as
“Person Affected by the Project” (PAP). This person can be affected by the loss of a dwelling
or a company, either by the loss of goods or access to goods, or by the loss of income sources
or means of livelihood. Any person having undergone these types of losses is entitled to fair
and prior compensation before his/her displacement, as well as any assistance required for
his/her resettlement.
A classification of land rights allows differentiating between formal title deeds, informal title
deeds and occupants without title deeds.
1. Holders of formal deeds include all people who have:
 A title deed;
 A right granted by the State on its public domain (roadway permissions,
authorizations to occupy, concessions and authorizations of exploitation) or on its
non allocated private domain (authorizations to occupy, ordinary leases, 99-year
leases, surface rights);
 A user right delivered by the competent authorities of the local communities
within the framework of the mission of the management of the grounds located in
their localities (notifications of allocation of plots earmarked as dwellings in the
municipal allotments delivered by the Mayors, the authorisations granted
following the deliberations of the town or rural councils).
All the people holders of such rights can claim for a compensation for the loss of their
land.
2. “Tolerated” means People who do not have any formal statutory rights, but who can
prove their rights in light of the countries' customary practice and of the “tolerated”
transactions between private individuals. These people include:
 Any person, who by virtue of their long term and continuous occupation of the
said land for the purposes of direct use by the family unit, or for purposes of
residential use, or who, through the means of traditional land tenures recognized
by the community, would receive royalties from this land. Article 15 of Act 64-46
of June 17, 1964 relating to the national domain specifies that the people
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personally occupying or exploiting land that falls under the national domain at the
date of entry into force of this Act, will be entitled to continue to occupy and
exploit this land.
 Recipients of land following the deliberation of the Town council, who haven't yet
exhausted the final award procedures, as stipulated in the acts delivered by the
Council. Following the allotment carried out by the Commune, a notification is
sent to them. This notification is referred by the rapporteur of the Award
Commission chaired by the Mayor of the locality concerned, whose official report
is approved by the Prefect of the Department to which the Commune is attached.
The rapporteur of the Commission is the Receiver of the Domains who holds
jurisdiction over the territory where the allotment is carried out. This notification
includes conditions leading to obtaining a title deed, among which the payment of
demarcation expenses; this tax is one of the municipality's financial resources.
Most of the PAPs consulted have not completed this first formality yet.
 People holding transfer rights under private agreements between individuals. They
are acts signed between the owner of a plot, referred to as the “seller” and a
purchaser, referred to as the “buyer” in the presence of witnesses of both ties and
sometimes under the arbitration of the customary chief of the locality (chief of
village or district deputy). This is a practice generally carried out by agricultural
landowners who sub-divide their land with the intention of selling off plots for
residential use.
All people who can prove of such rights are also entitled to a compensation for the loss for
their land.
3. People who neither have formal rights, nor any title deed of the land they occupy that
is likely to be recognized, receive support as well as resettlement support, so that they
can, if they wish to, resume their economic activity in another place
They are however not entitled to receive any compensation for the loss of the land that they
occupied.
Farmers whose land is located in the classified forest of Sébikotane fall under this category.
The classified forest falls within the national domain, but it has a specific legal status, as a
result of the State's willingness to protect and safeguard forest species and fauna. Because of
this status, any farmer should at first obtain an authorization delivered by the competent
authorities. The authorities in question can withdraw this authorization at any given time. As
in the case of people occupying national domain land in agricultural areas, the Senegalese
legislation makes no provisions for indemnification in the event of a withdrawal of
authorization. But within the framework of the procedures of the involuntary resettlement
policy applied in connection with technical and financial partners, land losses can be
compensated in instances when the occupation of the said land is recognized by the laws and
customs of the country. However, taking into account the characteristics of the classified
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forest, the presence of a farmer cannot serve as a proof of a right to the land and therefore
cannot be compensated.
Deadlines
The “deadline” of the census that was initiated in 2011 by the departmental Commissions of
census and rights-of-way evaluation, was set to August 22, 2013, which corresponds to the
completion date of the census. On this date, it is estimated that all the owners of goods located
within the right-of-way were informed thanks to the press releases that the Governor of the area
of Dakar diffused on the large audience radios and printed in the mass-circulation newspapers
over a period of two weeks. These official statements were accompanied by posters showing the
lists of people identified through the census and put up in the Diamniadio and Sébikotane Town
halls, as well as in the Pikine Highway Office located to the military Camp of Thiaroye. The
people who occupy the right-of-way after the “deadline” will not be entitled to any
indemnification, nor to any other form of resettlement assistance.
In addition, any person who deems himself/herself entitled to an indemnification or any other
form of assistance, and who would not have been listed in the census, can lodge a complaint
before the Prefect of the locality where the good is located, chair of the Departmental
Commission of Census and right-of-way Evaluation (CDREI), by submitting all the documents
proving that the land was occupied prior to the arrival if the project. The departmental
commissions of Rufisque and Thiès, in charge of the execution of RAPs will examine the
complaints submitted to them.
5. Impacts of the project with regards to involuntary resettlement
5.1
Summary of the affected goods and PAPs:
Diamniadio - Déni Malick Guèy Barreau Section
The first section is essentially occupied by agricultural land that is not exploited and does not
comprise any right-of-way. These are vast tracks of land whose owners have not added value to
them. On this section there is: one (1) orchard in use, two (2) vegetable farms, one of which one
is slightly affected and twenty-seven (27) agricultural land that is seasonally farmed.
Déni Malick Guèye Section - National Road No 2
This section travels inside the extension areas of the villages and through the allotments
earmarked for residential uses that are carried out by the Diamniadio and Sébikotane
municipalities. On this section, 5 allotments were surveyed into 821 plots, including 3 inhabited
plots which include buildings, 3 orchards, 2 vegetable farms, 22 agricultural plots that are
seasonally farmed, a poultry farm, a primary school that is slightly affected, a cemetery and a
burial site.
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Road RN2 section - classified forest of Sébikotane
This section begins with the RN2 interchange, which is located in a zone where some industrial
enterprises are established, on land, which falls under the Sébikotane industrial domain. In spite
of this designation, the dominant activity on this section remains agriculture with a prevalence of
orchards. 81 plots for agricultural use can be found on this section, of which approximately 10
located in the industrial park seem to be earmarked to receive companies; 55 plots earmarked for
residential use, including one plot with a built and inhabited house; 1 primary school of six (6)
classes that is entirely affected; two driving tracks leading to active enterprises.
Classified forest of Sébikotane Section - AIBD
The classified forest of Sébikotane primarily occupies this section. Almost all the activities
undertaken on this section are localised in this forest. The right-of-way cuts across the
agricultural land of the villages of Touli, Yéba, Landou and Kessoukhat. One counts 54
agricultural plots, a basic unequipped football field.
HOUSING, INFRASTRUCTURE AND SOCIAL SERVICES
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-
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Only 4 residents were listed
The primary school of Yaam was entirely affected and must be transferred in another
area. The project carried out an evaluation of the buildings, which will be destroyed and
will take all the provisions to rebuild the school, in consultation with the Ministry for
national Education authorities and the populations of the Yam district where the school is
established.
The Déni Malick Guèye primary school was partially affected, but does not require to be
re-localized, as no building was affected.
The cemetery shared by the villages of Déni Babacar Diop, Sébi Ponty and Déni Demba
Codou, was slightly affected, but none of the graves was displaced. Only the surrounding
wall must be refitted and the part of the ground that is lost must be refunded or
purchased. Discussions have already been initiated to get the authorities of the villages
concerned to accept the project's encroachment on the cemetery, but also in order to reach
a consensus on how the building works are to be conducted.
An anonymous isolated grave located not far from the villages of Déni Babacar Diop was
listed. The family of the deceased has not been identified. It will be a matter of checking
whether relocating the grave is inevitable or not. Provisions will be taken to research and
identify the relatives of the deceased, in consultation with the authorities of the villages
and the local police station. In any event, the project will make sure to keep a record of
all the operations, which will be carried out with regard to this displacement.
6. Socio-economic study
The information could only be collected thanks to the press releases that the Governor of Dakar
diffused on the national radios and released in the national newspapers.
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The number of PAPs listed on the entirety of the section is 936, of which 759 have lost land
earmarked for residential use, that is to say 81,09% of all plots. 164 have lost land earmarked for
agricultural use, that is to say 17,52% of all plots.
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-
For the owners of land earmarked for residential use, which constitutes the greatest
number of cases, only 4 residents were listed. These include: a retired military officer, a
sailor, an active civil servant and a private contractor in the building industry. These
PAPs, aged between 45 and 56 years old, live in their houses with their respective
families.
Of the 164 farms, 60 orchards and 104 subsistence agricultural plots were identified.
The villages located close to the right-of-way and located in the area of Niayes (Diamniadio,
Sébi-Ponty, Refusal Malick Guèye, Refusal Demba Codou, Refusal Babacar Diop) show, by
virtue of the agricultural potential of the latter, interesting socio-economic characteristics.
On the demographic level, one notes a diversity in the ethnic composition of the population, as
beside the traditional Lébou villages (Déni Babacar Diop, Malick Guèye, Déni Babacar Diop,
Déni Demba Codou), the area has known many shifts in population, which played in favour of
agro-industrial companies that established there. This diversity consists of more than ten ethical
groups, and can be found in Diamniadio, but especially in Séby Ponty, which benefited from
migratory movements with the establishment of the William Ponty 'École Normale' School.
In the agricultural field, the area benefited, through the establishment of the ex Senegal-Dutch
BUD Senegal company, of an important horticultural technical and infrastructural heritage,
which positions this area among the first exporting area of horticultural products in Senegal.
Close to 40% of the populations of the locality are employed in the horticultural sector. The
sector counts three types of owners:
• Large owners who often combine production and export;
• Small farmers with surface areas that most the time do not exceed five hectares;
• Seasonal producers.
Winter agriculture has also developed in the area, with the farming of millet, niébé, bissap and
winter tomato around surface water points. On the other hand, arboriculture was affected by a
small regression due to the drop of ground water levels.
On the educational and healthcare levels, access to basic services remains weak and in some
places suffers from isolation and the lack of social, health care and educative infrastructures and
equipment.
The area also presents a historical, cultural, patrimonial and ecological interest. The William
Ponty school is classified among the historic sites that have witnessed events that have marked
the national history. Its classification was taken by Decree number 001941 of March 27, 2003
publishing the list of the classified sites and historic buildings.
7. Evaluation and compensation for losses
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Categories of losses
Loss of land
Complete loss: the principle retained in this RAP is compensation in cash; if the land falls
entirely within the right-of-way, the owner receives a financial compensation equivalent to the
value of the lost piece of land. This amount represents the cost of purchasing another piece of
land in the same area; this cost corresponds to the value of the ground at the current market price
(determined on the basis of a sampling received from notaries and estate agencies) and takes into
account the costs of transaction related to the acquisition of the land (administrative steps and
sundries). With regard to the land earmarked for residential use, the land market in the area
offers many opportunities, because of the significant number of subdivisions carried out over the
last years by the Diamniadio and Sébikotane municipalities. Between 2003 and now,
approximately 5 official allotments were subdivided, counting a total of over 10.000 plots,
whereas the occupancy rate of these lots (inhabited houses and constructions in progress) does
not reach 2%. On the other hand, the potential of agricultural pieces (orchards, horticulture,
vegetable farming, poultry farming and others) remain very weak given the land pressure and the
size of the surfaces requires for this kind of activity. In this instance, the PAP receives a financial
compensation equivalent to the value of the lost land, which includes all the costs of acquisition.
The amount of the compensation for the lost land includes the cost of acquisition and an amount
necessary to enable him/her to prepare a new plot that he/she will have to purchase in order to
resume the same activity. The PAP can also benefit, on his/her request, from an administrative
support when dealing with the administrative authorities to acquire a new piece of land.
Partial loss: two cases are to be considered:
 If, when sectioning off the affected part from the land considered, a sufficient surface
area remains for the same activity to be carried out or if that area meets the same
standards of use, the compensation will be based on the value of the part of the lost
ground and possibly on the costs of refitting the structures that were lost and that need to
be modified, if there are any.
 If after the impact, the remaining part does not make it possible to reasonably pursue the
existing activity or under acceptable conditions in view of the regulation (for example if
it becomes inaccessible), the loss is regarded as a complete loss. In this case, the ground
is compensated entirely under the same conditions as those evoked above.
Loss of structures and infrastructures
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Complete loss: the lost structure (building, well, basins, “céanes”, etc.) is value at the
new replacement cost without taking the depreciation of the affected good into account.
Partial loss: the lost part will be valued at market prices and will be replaced if there is a
possibility of refitting it. Acquisition is treated as a complete loss if the remaining part of
the structure is no longer usable. In this case, the structure will be evaluated under the
same above-mentioned conditions.
Loss of income
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Economic activities: The results of the census describe three main categories of current and ongoing activities: an average industrial company, an average poultry farm and orchards or small
traditional farms. For the market gardeners, the value of each and every crop will be calculated
according to its average output per square meter, the affected surface area, the number of cycles
of production and the current market price of this product. The traditional farmers who practise
winter agriculture are the most numerous. Their activity takes place during the rain season and
includes a single cycle of production in the year. Consequently, the latter wait for the start of the
winter season to start farming their fields. By losing all or part of their main production mean,
which the land constitutes, they completely or partially loose the incomes, which they drew from
this activity. This situation is regarded as a loss on harvests to come and it will be calculated
proportionally with the lost surface of ground and according to the main cultivated speculation.
This production will be valued according to the cultivated crop, the surface area, which this crop
covers, at the current market price of this product, but it will be paid only once off as the
production cycle is annual. The payment of this amount excludes the owners of agricultural
fields, which have visibly remained fallow for several years; these are often large tracks of land
owned by new owners who have bought them recently but who haven't started their farming
projects yet. The same applies for other private individuals who have obviously abandoned their
land, without the presence of any infrastructure or piece of equipment in sight that would show
that farming is in progress. For the owners of orchards, the loss of income is valued on the basis
of a refunding scale of the lost harvests. The number of lost trees is listed in the presence of the
owner and is classified by category, according to the level of maturation of the species and
according to whether it is a fruit tree, a forest tree or a shade giving tree. The fruit trees are
classified in three categories: young trees, average trees and adult trees. Each tree is value
according to the category under which it falls. With regard to the forest trees and shade giving
trees, only the adult trees were taken into account.
• Trade: no commercial activity was listed in the Project's right-of-way area.
8. Additional livelihood requiring instalment and restoration measures
The implementation of the RAP comprises a set of measures complementing the compensation
and sport outlined in the preceding sections. These measures aim at addressing the principle
according to which the project must improve the general living conditions of the affected people:
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Support to the farmers having lost their land:
The populations living off incomes generated from agricultural activities constitute the majority
of the PAPs; these populations have in the recent past been affected by the dwindling of their
agrarian potential as a result of the advance of residential structures (new allotments) and the
deployment of the State's Large Projects that consume a lot of space (the University of the
African Future, the Francophonie Conference Centre, the toll road, etc.) These various projects
led to the purchase of several hectares of land in these agricultural areas, creating a rather strong
land pressure which can render the search for new land more difficult for the farmers who would
wish to keep on farming on this agricultural land.
These populations are to benefit from a support that can take multiple forms, to be determined in
consultation with the affected populations and according to a way of determining the eligibility
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to this assistance, which will be specified later on. This support will be funded under the
“support and communication” budget line provided in the RAP budget.
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Support to the tenants:
Families having to resettle will receive support in identifying a new residence. The same applies
for companies renting premises. However, no tenant was listed within the Project's right-of-way.
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Support to the vulnerable PAPs:
Additional means are put at the disposal of PAPs whose social conditions remain precarious
given their very advanced age, their disability or their income level that is well below the poverty
line. These PAPs receive a particular treatment because of their vulnerability. The support to
bring to these vulnerable PAPs, mainly made up farmers, essentially translates into donations of
seeds, fertilizers, small farming equipment and a training session.
9. Environmental protection
Since the rehabilitation of the PAPs is circumscribed to a limited perimeter, in the
neighbourhoods of the villages concerned, the resettlement of the PAP will not lead to any
environmental impact. However, the promoter will ensure a follow-up of this displacement and
will avoid any negative consequence on the environment.
10. Integration with the receiving populations:
Insofar as the PAP remain in their area of origin, the integration of the receiving populations
does not constitute a relevant subject of reflexion and action for this PAR. No impact is foreseen
and no specific provisions are to be put in place for the integration of people affected by the
project.
11. Organisational responsibility
The APIX is the deputy project manager of the Highway project. For this reason, it is responsible
to make sure that all the activities relating to compensations and resettlement are carried out in a
satisfying manner. As for the clearance of right-of-way, it falls within the competence of the
Governor through the Operational team, which he chairs. Within the framework of this section,
because of its localization in two different areas, the Operational teams of the two areas will be
approached for input. Given the semi-rural or rural character of the affected areas, clearances of
right-of-way will be entrusted to the Departmental Commissions of Census and Evaluation of the
rights-of-way of Rufisque and Thiès, which already had to carry out censuses of the people and
goods affected on this section. The APIX will sign memoranda of agreement with the
Departmental Commissions of Census and Rights-of-way Evaluation of Rufisque and Thiès.
Thus, as soon as the RAP is approved by the ad hoc Committee of supervision of the operations
of the clearances of right-of-way, the APIX will release the funds for its implementation.
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12. Participative process
During the course of the investigations, the APIX team held public consultations in the villages
that the Highway project goes through. The public meetings held in each village that the
Highway project goes through enabled the promoter to provide explanations on the toll road
project. The exchanges with the people attending the meetings allowed to keep a register of the
concerns of the populations, but also to bring answers to their concerns.
The Governor of Dakar, chair of the Operational team, in charge of the of right-of-way
clearances, travelled with his collaborators and the Prefect of the Department of Rufisque, to the
localities of the area and held in the Diamniadio Town hall an awareness meeting with the local
populations on the Highway project. The future relationship between the State and the
populations within the framework of the aforesaid project were also discussed.
A press release calling the owners of the affected pieces of land to make themselves known was
widely diffused through the media and led to the identification of many plot owners.
The topics discussed in the various meetings revolved around:
•
•
•
•
•
•
The sharing with the affected people of all the information on the project, its components
and its activities;
The approach adopted to formulate proposals defining the scale of plots to be
compensated;
Safeguard measures in the case of projects requiring an involuntary resettlement;
Of their concern with regard to the ever increasing number of large projects that consume
space, such as that of the University of the African Future, the International Francophonie
Conference Centre and the toll road. At this pace, there will be no more space available
for their respective villages to spread.
Rumours that made them believe that the Highway project would to take their land
without any compensating them, as was the case in the framework of another project
located the area.
Etc.
In addition to the public consultations, a public audience was organized on February 19 2013 to
receive the concerns of the local populations. At the time the RAP was being elaborated, the
APIX team carried out several information and awareness meetings.
The RAP was submitted for examination to the ad hoc Committee and was approved on
September 12, 2013. As soon as this opinion is obtained, it will then be published in the Town
halls or in the offices of the rural Community of the localities concerned and on the Web sites of
the APIX and on those of the technical and financial partners.
This summary is published on the African Bank of Development website for 60 days before the
project is presented to the Board of directors of the BAD.
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13. Procedures for addressing grievances
There are two levels of procedures in place to express one's objection and to formulate
complaints, whether the PAP holds a formal title or not.
The complaints made by private title deed holders and bails are instructed and treated by a
commission of conciliation whose existence proceeds of a law. The Governor of the area where
the good is located chairs this commission. The commission in charge of clearances of right-ofway that is instituted by decree of the Governor is qualified to deal with the holders of informal
title. For the owners of formal titles such as title deeds, the amount of the compensation to be
paid is set by the Commission of conciliation under the aegis of the Governor and the
representative of the service of the Domains, who acts as the secretariat and who writes the
official reports. For the other titles, the Commission of clearances of right-of-way is entrusted
with determining the amount of the compensations and to address dissensions if necessary.
The same payment system to settle grievances will in all the cases be used in both the areas. The
APIX team dedicated to the follow-up of clearances of right-of-way will also contribute to
resolving the grievances. In the event that the process stalls, the complaint can be brought before
a contentious procedure, which can lead to the consignment of the compensation on order of the
judge of compulsory purchases who then orders the work to be resumed.
14. Implementation schedule
The displacement of the PAPs will be required once they have received their monies from APIX,
so that the project can take possession of the land and start work. The contractual dates agreed to
with the dealer for the effective clearing of right-of-way of this Diamniadio section - AIBD are
as follow:
• Clearing of the Diamniadio section - RN2: September 30, 2013;
• Clearing of section RN2 - AIBD: December 31, 2013.
15. Costs and budget
The RAP budget submitted to the ad hoc Committee amounted to four billion seven hundred
twenty-seven forty-three million five hundred thousand four hundred and ninety (4,727,543,490)
Francs CFA; the modifications made to the scale in the end increased this budget to the amount
of four billion eight hundred and ninety eight a hundred and seventy-four million thousand
seven hundred and fifty (4,898,174,750) Francs CFA (cf. table below), that is to say an
increase of one hundred seventy million six hundred and thirty and one thousand two
hundred and sixty (170,631,260) Francs CFA. The budget includes the costs of purchasing the
clearing, a negotiation margin and a margin for unforeseen expenditure. The budget also includes
the expenses related to the implementation phase, which will be ensured by the Departmental
Commissions of Census and Expenditure Evaluation with which a memorandum of agreement
will be signed. Lastly, a share of the budget will be devoted to communication and facilitation.
Budget categories
Amounts (in FCFA)
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3,304,524,500
Compensation for Loss of Land
Compensation for Losses of crops
110,835,243
Compensation for Losses of structures
Compensation for Losses of income
453,499,167
134,049,573
4,200,000
Compensation for Loss of home
4,007,108,479
Total compensation (TC)
Compensation for deviations (temporary acquisitions for
the clearing of right-of-way associated with the provisional
deviations carried out within the framework of the works)
270,000,000
4,277,108,479
Total Purchases
Unforeseen (10% TC)
400,710,848
Communication and support (5% TC)
200,355,424
Follow-up, Implemented and Protocols
20,000 000
Total RAP budget
4,898,174,750
16. Monitoring and evaluation
The APIX will ensure monitoring and evaluation of the displaced populations, in consultation
with the Operational team.
The monitoring procedures will start as soon as the PAR is approved and well before people are
displaced and resettled. The monitoring aim is to ensure that the persons in charge of the project
are aware of any problem, which may arise and to ensure that the PAR procedures strictly
adhered to. The evaluation of the resettlement programme can be carried out once all the
indemnities have been paid out and all the resettlement has been completed. The objective of the
evaluation is to certify that all the PAPs have indeed been resettled and that all the affected
farmers and companies have resumed their productive activities.
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