Aatr-cetud

ABREVIATIONS

AATR : Agence Autonome des Travaux Routiers

ASC : Association Sportive et Culturelle

BM Banque mondiale

CETUD : Conseil Exécutif des Transports Urbains de Dakar

CL : Collectivité locale

CR : Communauté Rurale

CCOD : Commission de Contrôle des Opérations Domaniales

CDE : Code du domaine de l’Etat

CPRP : Cadre de Politique de Réinstallation des Populations

DAO : Dossier d'Appel d'Offres

DSRP : Document de Stratégie de Réduction de la Pauvreté

EIES : Etude d’Impact Environnemental et Social

FOREEF : Fonds de Restructuration et de Régularisation Foncière

IEC : Information Education et Communication

IST : Infection sexuellement transmissible

ISN : Note de Stratégie Intérimaire

OCB : Organisation Communautaire de Base

OMD : Objectifs du Millénaire pour le développement

ONG : Organisation non gouvernementale

OP : Operational Policy

PO : Politique Opérationnelle

PAR : Plan d’Action de Réinstallation

PAP : Personnes Affectées par le Projet

PATMUR : Programme d’Appui au Transport et à la Mobilité Urbaine

PSR : Plan Succinct de Réinstallation

TdR : Termes de Référence

RPF Summary

The overall objective of the Transport and Urban Mobility Support Program (PATMUR) is to contribute to improving the overall level of service provided on the national road system, ensure the servicing of landlocked areas and improve urban mobility. The project will (i) rehabilitate the road infrastructure in the region of Grande Niayes and (ii) refurbish the Pompiers bus station in Dakar. However, these PATMUR activities could have negative social impacts and therefore require the application of operational environmental and social protection directives, specifically OP 4.12 on the involuntary movement of populations. For this reason, the formulation of this project provided for the preparation of a Resettlement Policy Framework (RPF) which is the object of this study.
The Resettlement Policy Framework describes the objectives, principles and procedures that govern the system relative to the procurement of land to build public interest infrastructure. The RPF clarifies the rules applicable in the identification of persons likely to be affected by the implementation of PATMUR activities. It considers the requirements of the World Bank’s Safeguards Policy contained in OP 4.12 « Involuntary Resettlement ». The RPF also includes the analysis of the economic and social consequences of the PATMUR components’ implementation that could lead to the withdrawal of land from the populations or the degradation of their living conditions, particularly the most vulnerable.
PATMUR activities will have an impact on both the land and the means of livelihood. The expected impacts on the land are as follows: permanent land acquisition; destruction of agricultural fields; limited land occupation and temporary occupation of buildings to be constructed or rehabilitated. With respect to the means of livelihood, the loss of income for persons compelled to suspend their activities during the infrastructure construction phase, is worth noting.
The estimation of the number of persons expected to be affected is not feasible à priori. Nevertheless, it is possible to have a general idea of the number of persons concerned. By way of example, an estimation can be made by taking into account the « infrastructure » component (15 trunk roads and one bus station), the number of projects, the individual needs, the real family needs, the approximate surface areas required to carry out the sub-project. The number of persons affected by the project (PAP) might be more than 700. Overall land needs are estimated at 780 ha (for the roads), affecting approximately 200 persons, while the establishment of the Pompiers Bus Station without needing to acquire new land, could affect more than 500 persons. But these figures are just estimations and should be validated/confirmed through comprehensive socio-economic studies.
The legal framework for the resettlement of PAP through the adjustment of PATMUR activities draws its source from the national legislation and the World Bank’s OP 4.12. The infrastructure to be built by the sub-PATMUR is public property. It will be constructed on land situated essentially in the area under public ownership and administered by the rural communities.
The institutional framework for resettlement provides for the intervention of different institutions within the framework of the project: the Land Registration and Stamps Directorate; the Cadastre Directorate, the Commission in charge of controlling land transactions, the Reconciliation Commission; the Regional Soil Evaluation Commission; the Departmental maintenance expenditure evaluation commission (or the Operational Group set up by the Governors for the region of Dakar); AATR and CETUD, the national soil evaluation Commission ; the Land Restructuring and Regularization Fund; the Right to the City Foundation .
There are different ways of providing the program with land according to its significance. Land belonging to individuals is expropriated in the public interest according to a rather formalist procedure, by granting compensation in cash or in kind, in some cases.
A similar procedure is applied to land situated in the urban zone. State-owned land is placed at the project’s disposal without any difficulty. Finally, land located in the rural zone is administered by the rural councils. Since the impacts on the affected populations are minor, and it is the case of the program’s activities in the three regions (Category B project), there is need for a simplified version of the resettlement plan. Special emphasis should be placed on the needs of vulnerable groups among the displaced populations. Fair and equitable compensation should be paid for losses sustained and the said compensation should enable the victim to benefit from the assistance required for his/her resettlement.
Concerning compensation, the Bank’s policy states that preference should always be given to payment in kind.
The comparison between the Senegal’s resettlement legal framework and OP 4.12 shows areas of agreement and areas of disagreement. But in case of contradiction, the provisions of OP.4.12 should prevail.
The compensation eligibility criteria are (a) holders of a substantive and legal right on the land whose customary rights are recognized by the laws of the country; (b) those without substantive rights on the land at the commencement of the census operation, but are holders of title deeds or other such documents recognized or likely to be recognized by the laws of the country (c) irregular occupants. There is need to point out that persons falling under category (c) are not entitled to compensation for loss of land. The claimant or beneficiary of an involuntary resettlement program is any person affected by a project (PAP) who, as a result, is entitled to compensation. The deadline for eligibility is when the census operations begin. PATMUR should ensure that fair and equitable compensation is paid for the losses sustained.
PATMUR will inform, consult and ensure that those affected by a micro-project participate constructively in all phases of the process. Persons affected by the resettlement measure should have a clear and transparent complaint and conflict management mechanism: local mechanisms for amicable resolution; referral to local bodies; submission of issue to court of justice, as a last resort.
The general principles that will serve as a guide to all the resettlement operations will take into account the following four phases: information of local authorities; determination of sub-project(s) to be funded ; if need be, definition of a RAP ; approval of the RAP. The expropriation procedure includes: a petition for expropriation; expropriation plan and a decision stating the content; property survey; statement of public utility.
The table below shows the different responsibilities in carrying out the expropriation

Institutional actors	Responsibilities
AATR and CETUD (national level)	RPF dissemination  National resettlement supervision (Monitoring/Evaluation Expert) Approval and dissemination of the RAP/SRP Process supervision Management of allocated financial resources Designation of Social Experts in charge of coordinating the RAP’s implementation Recruitment of consultants/NGO to undertake socioeconomic studies, the RAP/SRP and monitoring/evaluation Responsibility for the Order of expropriation, in relation with the Ministry of Finance and the Economy (Estates Services)
AATR Regional Branch	Supervision of the affected persons’ compensation Monitoring the expropriation and compensation procedure Submission of activity reports at national level
Maintenance expenses Evaluation commission operational group	Evaluation of affected properties Freeing the right-of-way
Reconciliation and Monitoring Commissions	Validation of the identification, property evaluation and compensation process Registering complaints and claims Processing according to the conflict resolution procedure Close monitoring in each administrative area (commune d’arrondissement)
Local communities	Identification and liberation of sites to be expropriated Monitoring the resettlement and compensation process Dissemination of RAPs and SRPs Processing according to the conflict resolution procedure Participation in close monitoring

The compensation mechanisms consist in: payment in cash; in kind; in the form of support. Monitoring and evaluation will be carried out to ensure that all PAP are compensated, moved and resettled within the shortest possible time and without being adversely affected. The estimation of the overall resettlement and compensation cost will be determined during the socioeconomic studies within the framework of the establishment of RAPs and SRPs.

However, the following estimate was made to ensure that the financing relative to the resettlement is set aside. The overall resettlement costs will include : Land procurement costs; cost of compensating losses (agricultural, forestry, housing, etc.) ; possible RAP and SRP implementation costs; sensitization and public consultation costs ; monitoring/evaluation costs. The overall resettlement cost can be estimated at 160 000 000 CFAF, on the basis of the estimation of the affected populations and surface areas required for the projects’ lay-out. .
AATR and CETUD will have to finance the compensation costs (land needs, economic losses, etc.) i.e. 90 million CFAF, while the PATMUR will pay for the costs relative to the preparation of RAP/SRP, sensitization and monitoring/evaluation, i.e. 70 million CFAF.