French REHABILITATION of the SENOBA-ZIGUINCHOR-MPACK

Language: English Original: French

AFRICAN DEVELOPMENT BANK GROUP

REHABILITATION OF THE SENOBA-ZIGUINCHOR-MPACK ROAD AND OPENING-UP OF THE SOUTHERN REGIONS – UPDATED VERSION

COUNTRY: SENEGAL

SUMMARY OF ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) FEBRUARY 2018

Project Team Mohamed El Abass WADE, Transport Engineer, RDGW/COSN

Lydie EHOUMAN, Socio-economist, PICU.1

Gisèle BELEM, Social Safeguards Consultant, SNSC

Moctar MBODJ, Transport Economist Consultant, Project RDGW/COSN Preparation

Team

Division Manager Mr. Jean Noel ILBOUDO Sector Director Mr. Amadou OUMAROU Director General Mr. Janvier KPOUROU LITSE

Project Name : PROJECT TO REHABILITATE THE SENOBA- ZIGUINCHOR-MPACK ROAD AND OPEN UP THE SOUTHERN REGIONS

Project Number : P-SN-DB0-023

Country : SENEGAL

Sector : RDGW Project Category : 1

INTRODUCTION

The Project to Rehabilitate the Senoba-Ziguinchor-Mpack National Road 4 and Open up the Southern Regions is in line with the policy of constructing structuring infrastructure in order to lay the foundations for economic growth and sustainable development. The project is also consistent with the implementation of the Emerging Senegal Plan (PSE) as a reference for economic and social policy in its Thrust 1 on the structural transformation of the economy.

Given the scale of the project (rehabilitation of 165 km of roads, development of 52 km of access roads and rehabilitation of 95 km of access roads) and the sensitivity of the environments affected (classified forests and mangrove), it was classified in Category 1 and subject to a comprehensive environmental and social impact assessment (ESIA). Although the planned works will not require route broadening for RN4, they will affect persons engaging in commercial activities in the daily or weekly markets along the main road, especially at town entrances. In accordance with the Involuntary Resettlement Policy established by the African Development Bank in 2003, and following the requirements of Operational Safeguard 2, an Abbreviated Resettlement Action Plan (ARAP) was prepared for the compensation of the 177 project affected persons (PAP)

This ARAP seeks to present: (i) the project background and objectives; (ii) eligibility criteria and compensation principles for PAPs ; (iii) the complaints management mechanism; (iv) consultation activities; (v) compensation assessment and social support measures; (vi) the total ARAP cost; and vii) measures to monitor and evaluate the implementation of the resettlement plan.

1. PROJET RATIONALE AND DESCRIPTION

The Project to Rehabilitate the Sénoba-Ziguinchor-Mpack Road and Open up the Southern Regions, consists in rehabilitating National Road 4 between Sénoba and Ziguinchor, as well as the segment between Ziguinchor-Mpack on the Guinea Bissau border. The project also includes the development and asphalting of 52 km of the Kalounayes loop, made up of the following access roads: Tobor-Ouonk (27 km) Ouonk-Diéba (15 km) and Diéba-RN4 (10 km). The project further includes the rehabilitation of 95 km of related access roads: Tenghory-Kounabano (26 km), Silinkine-Sindian (22 km), Boukiling-Inor (7 km), Bounghari- Bona (7 km), Tobor-Niamone-Colomba (26 km) and Kandialon-CFN4 (10 km). Lastly, the project will take into account sanitation infrastructure construction and rehabilitation, as well as the construction of related facilities. To sum up, the activities identified were grouped into the following four (4) components:

A- Rehabilitation and/or development of roads and access roads: (i) Rehabilitation of 165 km of an asphalt concrete road between Sénoba and Mpack including 15 km of paved roads in Bounkiling, Bignona and Ziguinchor, development of green spaces and support for securing the area during works; (ii) development and asphalting of 52 km of the Kalounayes loop; (iii) development of 95 km of access roads; (iv) works control and supervision; (v) awareness-raising on HIV/AIDS, social mobilisation, environmental protection and road safety; (vi) planting of 65,000 trees and 30 ha of mangrove; (vii) construction of a weighing station; (viii) employment of young engineers or trainee technicians; and (ix) clearance of rights-of-way and monitoring of ESMP implementation.

B- Development and related measures: (i) development and/or rehabilitation of social and market infrastructure, bus and truck stations, and the management of waste, boreholes and lowlands for rice cultivation and market gardening; (ii) support for youth and women’s associations; (iii) support for the enhancement of youth employability through training sites; (iv) control and supervision of related works; and (v) detailed studies and bidding documents (BD) of related facilities.

C- Transport facilitation and road safety: (i) Support for the Observatory of Abnormal Practices (OPA); (ii) support for road safety by the rapid handling of casualties; (iii) support for axle-load control through procurement of mobile axle-load weighing scales.

D- Project management: (i) monitoring and evaluation of socio-economic and project facilitation impacts; (ii) technical and road safety audit; (iii) accounting and financial audit; (iv) procurement audit; (v) the executing agency’s equipment; and (vi) the executing agency’s operation.

1.1. Project Rationale

The 165-km Ziguinchor-Sénoba-Mpack section is a surface coated road, about 7 km of which are in interlocking paving stones between Tobor and Ziguinchor. This road, constructed in two phases between 1992 and 1998, is in a relatively poor-to-average condition overall, except for the paved section, which is in very poor condition, especially for the untreated sections as part of periodic maintenance. The Ziguinchor-Mpack segment is a double-layer coating reconstructed in 2005. The condition of the road is medium and has ruts in rice paddy areas that can be considered as compressible. The related access roads, notably the Tobor- Koubanao-Ndiéba-RN4 segments, have stretches that are in an advanced state of disrepair, especially between Ounk and Diéba, just like the Tenghori-Koubanao segment. These segments are not passable in all seasons, due to their advanced state of disrepair.

Since transportation is an essential activity both for agricultural supply and access to markets, the constraints on the road transport system have a significant economic impact. Indeed, transportation cost, which accounts for two-thirds of marketing costs, is largely affected by the state of existing roads and access roads, particularly during the rainy season. Tourism is also a dynamic sector, especially with the Cap-Skirring tourist area, par excellence, which hosts many hotel chains, inns and guest houses. In these conditions, evacuation of agricultural produce from the regions and access to various urban centres are a challenge.

1.2. Planned Works

The Project will consist in rehabilitating roads and access roads, following the existing route, with special amenities at the crossings of localities (parking lot) and in the current section (emergency stop area).

The rehabilitation of the Sénoba-Ziguinchor stretch will consist in laying: (i) a foundation layer; (ii) a cement-improved laterite base layer; (iii) an 8-cm GB bonding layer and (iv) a 5- cm asphalt concrete coating layer.

In the particular case of the Tobor segment, technical studies are underway to confirm the following approach: (i) red-line enhancement and broadening through a pre- consolidation system; (ii) installation of a battery of facilities to ensure the hydraulic and hydrodynamic balance of mangrove waters; (iii) laying of a geo-composite on the subgrade; (iv) laying of foundation layers and a raw laterite base and (v) laying of a 10-cm thick layer of interlocking paving stones.

On the Ziguinchor-Mpack stretch, this will consist in laying an asphalt bonding layer, an asphalt concrete sheet and, for uneven areas (paddy field areas), a raw laterite base layer and a pavement layer of interlocking paving stones.

Upgrading of access roads of the Kalounayes loop will consist in laying: (i) a 20-cm thick sub-base course; (ii) a 20-cm cement-improved laterite road primer (iii) a 5-cm asphalt concrete surface course.

Finally, the rehabilitation of related access roads will involve; (i) subgrade treatment over a width of 11 to 12m; (ii) the laying of embankments and a capping layer and (iii) the laying of a 20-cm raw laterite surface course in accordance with the road gauge.

1.3. Project Area

At the environmental level, the direct project area comprises the direct road right-of-way concerned by the works. At the social level, the impact area is more extensive, insofar as RN 4 and the Kalounayes loop segment are found in the Ziguinchor and Sédhiou regions, particularly in the Bounkiling, Bignona and Ziguinchor Departments. At the socio-economic level, these three departments constitute the Direct Project Impact Area (DPIA). In addition, since RN4 is part of the Dakar-Lagos Trans-African No. 7 road corridor, the Extended Project Impact Area (EPIA), at the socio-economic level, covers the Dakar, Thiès and Kaolack regions in Senegal, as well as The Gambia and Guinea Bissau. In the DPIA, the roads and access roads will provide improved services to fifty-two (5) towns and villages, for RN4, and twenty-four (24) villages, for the Kalounayes loop. Figure 1 presents the project location.

Figure 1 Project Location

The DPIA is characterized by abundant vegetation and wildlife. In demographic terms, the population of the Ziguinchor region is estimated at 565,940 inhabitants or some 4% of Senegal’s population in 2014. This population is distributed as follows:

Table 1 Distribution of the population of the Ziguinchor Region Division Male Female Total Ziguinchor 129 837 126 010 255 855 Bignona 134 880 125 396 260 275 Oussouye 25 712 24 097 49 810 Region 290 429 275 511 565 940

Given the importance of the multifaceted potentials available to the area, the people’s main activities are: agriculture, fishery, livestock, logging, tourism; trade and handicraft.

2. POTENTIAL PROJECT IMPACTS

The works planned under the project will consist in rehabilitating or constructing roads/access roads following the existing route, with special amenities such as parking areas at the crossings of localities or emergency stop areas in the current segment. The works will focus mainly on: (i) site installation, (ii) clearance of rights-of-way, (iii) earthworks, (iv) pavement construction, (v) surfacing, (vi) sanitation and the construction of small structures, (vii) signage for road safety purposes, (viii) construction of related infrastructure and implementation of the environmental measures to be taken into account under the project. These works will impact the biophysical and socio-economic environments.

The ESIAs prepared as part of the project helped to identify the project’s positive and negative impacts on the biophysical and socio-economic environment. The ARAP summary focuses on the negative impacts of resettlement, while recalling the expected positive impacts of the project.

2.1. Positive Impacts

Project implementation will generate positive socio-economic effects, amongst which are:

• Increased commercial activities along the roads concerned: the presence of worksites and their staff will, temporarily, stimulate commercial activity in the localities crossed, thus helping to improve the living conditions of the population by developing income-generating activities, especially for women.

• Job creation for young people during works: for worksite needs, temporary labour will be recruited in the localities crossed. Between 1,500 and 2,000 jobs are expected to be created during works, while 400 to 500 jobs are expected during operation. Special emphasis will be put on job creation for young people by setting up training sites during works.

• Opening up of the Ziguinchor and Sédhiou regions and access to socio- economic infrastructure: the rehabilitation of RN4 will facilitate sub-regional and domestic trade. Another major advantage will be better penetration of the local population by governmental and non-governmental development programmes, especially as regards water supply, public health, education, rural and fishery production and the promotion of women.

• Improved access to tourist areas: road and access road rehabilitation will have a beneficial effect on local and international tourism since it will help develop the eco-tourism resources of the Ziguinchor and Sédhiou regions.

At the environmental level, the creation of the road will help manage runoff and avoid gully erosion. Crossing structures will also have an indirect impact on watershed management and the rice paddy area.

2.2. Negative Impacts

At the social level, the project will generate various negative impacts that were taken into consideration in the environmental and social impact assessment. In the specific case of clearance of road rights-of-way, site occupancy and related structures of the project will have impacts on the human environment.

Project impacts in terms of resettlement were identified according to the following methodology: (i) field visits and surveys of project affected persons (PAP) with GPS points; (ii) shooting with illustration of impacts and (iii) mapping of the various points and objects affected.

The impacts were identified along the main roads, which are dominated by periodic occupations during weekly markets called loumas. Added to this periodic occupation are permanent occupations noted along the roads. Using photographic illustrations, right-of-way area occupation was noted at the following locations:

• The Sénoba-Ziguinchor-Mpack segment: Sénoba locality, Saré Al Kali louma, Touba Mouride louma (every Saturday), Médina Wandifa commune, Bounkiling louma; Bounghary louma, Kamonguone Antenne village, Oulampane commune, Badiouré village, Bignona commune, Tobor village, Ziguinchor commune and Mpack village;

• The Kalounayes loop: Ounk commune, Sindialo village and Diéba village.

Social impacts are identified only on RN4, especially at town entrances and concern temporary or permanent resettlements of traders, leading to losses of incomes and structures. These mainly are the:

• Loss of 4 residential and commercial buildings (shops);

• Loss of 166 commercial spaces (tables with sheds) in the markets;

• Loss of 7 canteens.

It should be noted that the inventories made under this ARAP did not identify loss of land or other property along the access roads to be rehabilitated, especially the Kalounayes loop. However, apart from the above-mentioned losses, it should be noted that, during works, there are likely to be losses of trees and farmland in the creation of detours or operation of borrow pits. These potential losses will be borne by the contractor.

3. ARAP OBJECTIVES AND PRINCIPLES

The objectives pursued by this Abbreviated Resettlement Action Plan (ARAP) are as follows:

• Minimize involuntary resettlement, as much as possible, by studying all possible alternatives during project design;

• Make an exhaustive identification of affected persons and an exhaustive inventory of property by project;

• Ensure that affected persons are consulted and have the opportunity to participate in the pivotal stages of the preparation and implementation process of involuntary resettlement and compensation activities;

• Ensure that compensation is determined in relation to the impacts incurred to ensure that no PAP is disproportionately penalised;

• Ensure that affected persons (including persons that will be identified as being vulnerable) are assisted in their efforts to improve their livelihood and standard of living, or at least restore them to their pre-resettlement or pre-project level, whichever is most beneficial to them;

• Ensure that involuntary resettlement and compensation activities are designed and implemented as a sustainable development programme, providing sufficient investment resources for project affected persons to have the opportunity to share the benefits.

4. LEGAL FRAMEWORK

The legal framework refers to the legal and regulatory provisions applicable to the population resettlement:

• The Civil Code and the decree of 26 July 1932 applicable to private land;

• Law No. 64-46 of 17 June 1964 relating to national land;

• Decree No. 64-573 of 30 July 1964 laying down the conditions for the application of the law relating to national land;

• Decree No. 72-1288 of 27 October 1972 relating to conditions for the allocation and decommissioning of national land in rural communities;

• Law No. 76-66 of 2 July 1976 on the State Property Code;

• Law No. 76-67 of 2 July 1976 relating to expropriation for public interest and other public interest land transactions;

• Law No. 96-06 of 22 March 1996 on the Local Government Code;

• Law No. 2011-O7 of 10 March 2011 on the system of land ownership;

• The 2014 law on Thrust 3 of decentralization with full communalization;

Beyond the national procedures that govern population relocation, there are, at the international level, policies applicable to involuntary resettlement, such as the operational safeguard policy of the African Development Bank (OS2).

This policy’s key requirements are as follows:

• Involuntary resettlement must, as much as possible, be avoided or minimized, by considering alternatives in project design;

• Displaced persons must be consulted and must participate in the planning and implementation of resettlement programmes;

• Where resettlement cannot be avoided, resettlement actions must be designed and implemented as sustainable development programmes, providing sufficient resources for project affected persons to take advantage of project benefits;

• Displaced persons must be assisted in their efforts to improve their standard of living or, at least, restore it to its pre-relocation level;

The comparison between the national legal framework and the AfDB’s Operational Safeguard 2, highlights points of convergence and divergence. Points of convergence concern eligibility for compensation, the cut-off date for eligibility and the type of payment.

Points of divergence relate to participation of PAPs, assistance to underprivileged groups, irregular occupation and economic rehabilitation. In case of divergence between the national

8 legal framework and the operational safeguard policy, the most advantageous approach for PAPs is chosen.

5. COMMUNITY CONSULTATION AND PARTICIPATION

The organisation of information and communication with village authorities was done during awareness-raising meetings. Discussions on the project took place in a participatory manner. The issues discussed focused on the nature and duration of works, commencement of works and the employability of young people residing in the localities affected by the project. PAPs also requested information on the scheduled date for commencement of works. Given the information provided on the terms of the safeguard policy defined by the AfDB within the framework of a RAP, their support was total and spontaneous.

Some 250 persons, including about 40% of women were contacted during consultations on the preparation of the resettlement action plan. Apart from PAPs, the categories of actors consulted are as follows:

• People of the localities crossed;

• Women’s groups;

• Occupants of bus stations;

• Market delegates;

• Village chiefs;

• Regional and national administrative authorities;

• State technical services (Environment and Classified Establishments, Water and Forestry; Livestock, Hydraulics, Town Planning and Housing, Labour and Social Security, Rural Development etc.).

Community participation also concerned ARAP disclosure sessions that were organised in Bounkiling on 12 February and 20 to 23 March in Ziguinchor and Bounkiling. During the public audience organised in Coubanao on 14 February for the validation of the Kalounayes ESIA, information was shared on ARAP and more specifically on social support.

Finally, the disclosure session of 15 February 2018 in Ziguinchor helped to confirm to the population that the project to develop and asphalt the Kalounayes and Bignona loop has become a reality. In addition, the various orders on the formation of ARAP steering committees and the establishment of Divisional Commissions for Expenditure Assessment, were signed between 22 and 29 January by the Ziguinchor, Bignona and Bounkiling authorities. The themes handled during these consultations focused on the following aspects: (i) presentation of the project, (ii) potential impacts, (iii) ARAP objectives and social measures, (iv) results of socio-economic surveys, (v) eligibility for compensation (types of losses, compensation principles and scales), (vii) key resettlement measures, (viii) the project organisational structure and (ix) the conflict management process. A particular issue arising from the discussions is the projected resettlement schedule, especially for Bignona canteens that are too close to the road. This is also the case of some weekly markets such as that of Touba Mouride, which tends to occupy the entire RN4 highway. These concerns will be taken

9 into consideration by the project schedule, which will ensure the functionality of new market platforms before the commencement of works.

6. SOCIO-ECONOMIC STUDIES

6.1. Identification

This helped to identify 177 PAPs located only along the RN4 corridors. In accordance with the ANSD studies, ethnic representation on the Sénoba-Ziguinchor-Mpack segment is composed of Diolas, Mandingues and Mancagnes. On the other hand, the Kalounayes loop is inhabited mainly by Diolas. Women are predominant among the persons identified. Historically, women engage in petty trading in local products along the RN4 corridor. This local business provides additional incomes, while being close to the family home. Because of the development of canteens, intersections have become unauthorized small markets (case of Bignona).

The table below highlights the distribution of PAPs identified by division and by gender.

Table 2 Distribution of PAPs

Division Number Men Women Ziguinchor 14 03 11 Bignona 101 43 58 Bounkiling 62 25 37 TOTAL 177 71 106

Thus, PAPs are composed of 60 % women and 40 % men, whose livelihoods are essentially made up of income from their business. Eighteen vulnerable persons are identified ex ante among the PAPs, especially female heads of households (widows and divorcees).

6.2. Eligibility

In terms of involuntary resettlement, OS2 identifies three groups of displaced persons that are entitled to compensation or resettlement assistance for loss of land or other property as a result of the project:

a) Those with formal legal rights over land or other recognized property under the laws of Senegal. This category includes people who are physically residing in the project area and those who will be displaced or may lose access or suffer loss of their livelihoods as a result of project activities. A significant number of mobile commercial activities have been noted all along the highways. The constraint of establishing them in structured markets poses a problem;

b) Those who might not have formal legal rights over land or other property at the time of census or evaluation, but can prove that they have a claim that would be recognized by the country’s customary laws. This category includes persons that may not be physically residing in the project area or persons that might not have any assets or direct sources of livelihood derived from the project site, but who have spiritual or ancestral ties with the land, and are locally recognized by communities as customary inheritors. Depending on the country’s customary

land use rights, these persons may also be considered to have a claim, if they are sharecroppers, tenant farmers, seasonal migrants or nomadic families losing user rights.

c) Those who do not have recognizable legal rights or claims over land that they occupy in the project area of influence and who do not fall into either of the two categories described above, if, they themselves or witnesses, can demonstrate that they occupied the project area of influence for at least 6 months prior to a cut-off date established by the borrower or the client and acceptable to the Bank. These categories are entitled to resettlement assistance other than compensation for the land to improve their former living standards (compensation for loss of livelihood activities, common property resources, structures and crops, etc.).

6.3. Cut-off Date

The set cut-off date for eligibility corresponds to the date of completion of census operations, beyond which no loss or activity is eligible for compensation. As such, it is up to the administrative authority to set the official date which establishes the end of the census through an order, which will be widely disseminated to PAPs. The census was conducted before the publication of orders. But, communication on the RAP study established 1 January 2018 as the cut-off date.

7. ASSESSMENT AND COMPENSATION OF LOSSES

7.1. Compensation Principles

RAP is based on the following guiding principles:

• Affected persons must be consulted and participate in all key stages of the RAP preparation and implementation process;

• Compensation scales should be set to enable PAPs to avoid suffering any loss and to find themselves in similar or better conditions than the pre-project, once the resettlement is completed;

• All affected persons must be compensated without discrimination as to nationality, ethnic, cultural or social belonging or gender, unless these factors increase the vulnerability of PAPs and then justify enhanced support measures;

• Compensation must facilitate the economic and social integration of displaced persons or communities with host communities, by avoiding creating conflicts between the two groups;

• Displaced persons should be compensated for their losses prior to their actual move or before taking of land and related assets or commencement of project activities, whichever occurs first;

• The compensation and resettlement process must be fair, transparent and respectful of the human rights of PAPs.

Compensation principles are defined in the following table:

Table 3 Compensation principles chosen Types of Losses Categories of PAPs Entitlements Loss of land Building/shop owner Compensation in cash calculated based on the current market price plus transaction costs Loss of building/shop Building/shop owners Compensation in cash calculated based structures on new replacement cost Loss of tables Owner of a business Compensation in cash calculated based place with tables on a lump sum Loss of canteens Owner of a business Compensation in cash calculated based place with tables on a lump sum Owner of a business Loss of incomes place with tables Compensation calculated based on a Owner of a business daily lump sum for 45 days plus place with canteens relocation assistance Owner of a business place with a building/shop

7.2. Valuation of Compensation

Affected households do not have any formal occupancy title and rely on customary law. Since customary law is recognized, according to the principles of this ARAP, compensation for buildings was calculated based on an estimate. The loss was calculated on the basis of CFAF 15,000 per m2 of land. The compensated surface area is 200 m2 per building, corresponding to the maximum size of the buildings affected. According to the Surveys Directorate, the ad hoc committee of the Ministry of Finance, buildings are compensated according to the following scale, corresponding to the cost of the m2

• CFAF 19,000, for a mud building (stabilized clay) with a cement coating and zinc roofing,

• CFAF 7,000, if the roof is thatched,

• CFAF 100,000, for a permanent building with a concrete foundation slab,

• CFAF 140,000, for a building with a tiled floor (source).

The Surveys Directorate, for a deed of lease, estimates the land scale in the rural area at CFAF 7,500 per m2. Under this RAP, the m2 of land, in the current market in rural areas, was set at CFAF 60,000, the price of land having experienced inflation due to the return of migrants. The following table estimates the losses of lands and buildings. The lost building have an area less than or equal to 15 m2 each. The amount of compensation for the loss of buildings will therefore be CFAF 3 600 000.

The replacement cost of lost tables was calculated based on a lump sum of CFAF 10,000 per unit. But, losses of incomes are estimated for tables at CFAF 15,000 per day of sale. Based on identification data, this daily fee will be systematically granted to all PAPs and may be adjusted upward if an affected person shows evidence of higher daily income. Road works

12 could have impacts on the sale of products, for the contractor’s intervention time on this portion of the road. The resulting loss of incomes is calculated on the basis of a 45-day break. As regards canteens, the lump sum on the equipment is estimated at CFAF 200,000, based on market prices. The following tables give an assessment of the compensation.

Table 4 Assessment of loss of incomes Amount of Amount per unit of Daily loss in FCFA Number of people compensation over compensation in FCFA compensated by 45 days in FCFA category [0-5000] 111 10 000 49 950 000 [6000-10000] 57 15 000 38 475 000 [11000-15000] 4 20 000 3 600 000 [16000-20000] 2 25 000 2 250 000 [21000-25000] 0 30 000 0 [26000-30000] 0 35 000 0 [31000-35000] 3 400 000 5 400 000 Totaux 177 148 275 000

Table 5 Assessment of loss of tables Division Number of Tables Lump Sum/d Loss of Tables

Sédhiou 57 570 000 10 000 Bignona 100 1 000 000

Ziguinchor 14 140 000 Total 171 10 000 1 710 000

Table 6 Assessment of loss of canteens Number of Canteen Lump Total Loss of Division Canteens Sum Canteens

Sédhiou 4 800 000

200 000 Bignona 3 600 000

Total 7 200 000 1 400 000

The total compensation cost is estimated at CFAF 156,785,000.

8. ORGANISATIONAL STRUCTURE

The institutional framework brings together institutional actors that contribute to ARAP implementation, namely:

• AGEROUTE: As the contracting authority, AGEROUTE ensures the coordination and oversight of activities related to the preparation and implementation of the Abbreviated Resettlement Plan. It is up to this structure to mobilise appropriate financial and human resources for the efficient implementation of ARAP. AGEROUTE, through its environment unit, will designate an official to supervise this project.

• Decentralized and field administrative structures such as territorial and local administration, the Departmental Commission for Expenditure Inventory and Assessment (CDREI), the Conciliation Commission and Local Mediation Committees;

• Territorial and Local Administration: Territorial administration assumes sovereign and legality control functions. It is responsible for ensuring the security of property and persons and compliance of population relocation and resettlement operations with the laws and regulations in force. Local administration will ensure equity and the effectiveness of compensation operations as well as monitoring of the implementation of support measures to improve the living conditions of people affected by the rehabilitation of RN4 and the asphalting of the Kalounayes loop.

• The Departmental Commission for Expenditure Inventory and Assessment (CDREI) is composed of 12 members, representing administrative and technical structures at regional level. The CDREI is established as part of this ARAP, and has as missions to: (i) make the technical and financial assessments of all installations found in the RN4 right-of-way; (ii) record and definitely decide on the method of compensation of PAPs after final selection of the latter; (iii) calculate on a technical basis and on parameters to the scale of current financial values, the fair amounts to be allocated to each PAP as part of compensation for losses of financial incomes and (iv) prepare a final implementation report after right-of-way clearance operations.

• The Conciliation Commission comprises regional administrative and technical authorities as well as a representative of each of the communes affected by the project. Its mission will be to assess the compensation that will be granted to PAPs based on scales set by the CDREI. The agreement concluded between the said commission and the PAP concerned is materialized through an act.

• Local Mediation Committees (CLM) will be local structures established as part of RAP implementation at the level of departments or districts situated in the project area.

• Civil society through NGOs and Community Based Organisations (CBO).

8. DISPUTE SETTLEMENT MECHANISM

As part of the implementation of this RAP, there are plans to establish a mechanism to manage the claims and conflicts that may arise, among others, from the following possible scenarios:

• errors in the identification of PAPs and valuation of property;

• conflict on the ownership of asset;

• disagreement on the assessment of an asset;

• other family problems resulting in conflicts between heirs or family members on the ownership or portions of a given property;

• conflict on the ownership of a craft/commercial activity (business owner and various operators, leading to conflicts in compensation sharing);

The dispute settlement mechanism is based on the principle of subsidiarity as reflected in the following diagram:

Figure 2: Complaints Management Process

PAP

CDREI

Handling and Verification (2 Days)

(

Non Confirmation Confirmation et Integration

Referral Regional Committee of mediation

Court

From the above mechanism, the Departmental Commission for Expenditure Inventory and Assessment (CDREI) is the first body responsible for resolving claims and disputes. In case of disagreement, the appeal is submitted for instruction to the Regional Mediation Committee. This Committee will receive and process complaints and will facilitate their amicable settlement. In case of disagreement at the level of the Regional Mediation Committee, the appeal is sent to the Regional Court or High Court which is the last step in the procedure for the settlement of appeals.

9. RESETTLEMENT SITES AND INTEGRATION WITH HOST COMMUNITIES

Generally, the resettlement of affected persons does not require distant relocation. Meetings were held with resident populations and village chiefs to identify loumas resettlement sites. For the Loumas of Saré Alkaly and Touba mouride the sites chosen by the local authorities are confined to the center of the village at an average distance of 30 m from the RN4. This proximity was one of the main conditions for the affected people to agree to leave the RN 4 corridor. For the Bignona market, the road occupants opted to move to the site of the current

16 bus station, with the idea of transfering the bus station to the southern limit of the town precisely on the edge of the municipality of Niamone. The site chosen for traders in Tenghory is located 2 km from the National road on a space adjacent to the health center. The proximity of these two entities is for the municipality a way of constructing a central district where all basic social infrastructure will be installed. These orientations were retained during the meetings and discussions with the local authorities (Prefect and Sub-Prefect), the municipal authorities (Mayor and Councilors), the market representatives (Tenghory market and Bignona market) and finally with the officials of the local carriers. The confirmation of these choices will be made by the Departmental Commission for Expenditure Inventory and Assessment. The recommendation adopted is the realization of these infrastructures from the start of the works and before any displacement.

Indeed, it is possible to reinstall all commercial structures on a strip located some three metres from the bottom of the slope. The discussions initiated during surveys helped to assess this resettlement strategy and its feasibility. Local authorities support this solution recommended by project affected persons themselves. Consultations with local authorities during ARAP implementation will help create a more appropriate and secure organisational framework for those affected by road construction or rehabilitation.

As concerns weekly markets, clearance of the road right-of-way will require the construction of resettlement platforms outside the corridor. The resettlement of these groups will be carried out under the responsibility of local and administrative authorities. An organisational framework for the management of consultations with residents of future platform locations, will be set up during infrastructure construction. Beyond orders, sustained communication will be carried out with all the actors concerned, especially users and occupants, so that the considered sites should meet the needs of users, especially access to customers along the road corridor.

10. SUPPORT MEASURES

In accordance with operational safeguard guidelines, RAP must be implemented as a development programme. Thus, the implementation of support measures is planned with a view to improving the living conditions of the affected population. Thus, PAPs will receive various forms of support.

• Resettlement Assistance

Lump sum assistance of CFAF 250,000 will be provided to the PAPs for resettlement assistance. For PAPs losing buildings, the amount will facilitate their resettlement and the formalization of the title deeds. For the other PAPs this assistance will be helpfulin the formalization of their commercial activity.The total amount allocated for the assistance is CFAF 44 250 000.

• Support for the Construction of Fence Walls

During field visits, it was observed that some schools situated along the roads do not have fence walls. The construction of fence walls was then considered as safety measures during works execution. In order to harmonize the state of infrastructure, the schools selected for repair of their fences, will also be rehabilitated as part of related facilities. These works are estimated at CFAF 10 million.

• Administrative Support for the Constitution of Individual Files

The ARAP implementation structure prepares the individual files of PAPs for compensation payment. If the PAP does not have these administrative documents, it is up to the ARAP implementation structure to provide support for obtaining administrative documents on time.

• Awareness-raising on the Rational Use of Compensation

In order to secure the compensation received by PAPs, it is necessary to organise awareness- raising sessions on its proper use. This approach is designed to encourage PAPs to make productive investments with their compensation.

• Support for the Identification and Implementation of Income-generating Activities

One of RAP’s objectives is to improve the living conditions of PAPs to enable them to enjoy the benefits of the project. Lines of credit, aimed at supporting lucrative activities, are planned for women engaging in commercial activities along the corridor. A sum of CFAF 15 million, financed by AGEROUTE, is earmarked for this purpose.

• Vulnerability Assistance through Specific Support for the Implementation of Micro-projects

This will involve identifying underprivileged groups among the people impacted by the project on the basis of relevant criteria. It is up to the ARAP implementation structure to prepare micro-projects for the underprivileged groups. A sum of CFAF 5 million is reserved for this assistance.

• Technical and Management Capacity Building for PAPs

To enable PAPs to successfully carry out their activities, it is advisable to organise training sessions to strengthen their technical and managerial capacities. Four training sessions, each for a group of 20 women, are planned. These activities will be financed by AGEROUTE. A sum of CFAF 4,460,000 is reserved for this activity.

The following table summarises the costs and institutional responsibility of support measures:

Table 7 Costs of support measures Support measure Cost (in Responsibility CFAF) Resettlement assistance 44 250 000 AGEROUTE for financing Support for the construction of school 10 000 000 AGEROUTE for financing fence walls Administrative support for the Not applicable RAP Implementation Consultant constitution of individual files Awareness-raising on the rational use of Not applicable RAP Implementation Consultant compensation Support for the identification and RAP Implementation Consultant implementation of income-generating for the identification of IGAs activities (IGA) 15 000 000 AGEROUTE for the financing of Establishment of a line of credit for IGAs women (guarantee fund) RAP Implementation Consultant for the preparation of micro-

Vulnerability assistance projects 5 000 000

AGEROUTE for financing Technical and management capacity RAP Implementation Consultant building (4 group sessions of 20 for the organisation of sessions women) 4 460 000 AGEROUTE for the financing of sessions

The construction of new weekly market platforms is planned for the following markets: • Sare Alkali, situated on the corridor; • Touba Mouride, situated on the corridor; • Médina Wandéfa, situated on the corridor; • Bounkiling, situated outside the corridor ; • Bounghary, situated on the corridor. The reconstruction cost of these markets is estimated at CFAF 200,000,000. The reconstruction sites will be selected in collaboration with local authorities and communities for the provision of communal land. The costs of these markets are taken into account in ESMP-related activities.

12. ARAP COSTS

The ARAP budget is summarised in the following table.

Table 8 ARAP costs ITEMS AMOUNTS (in CFAF) Compensation Budget Loss of buildings 3 600 000 Loss of equipment/tables/canteens 3 110 000 Loss of incomes 148 275 000 Support Social support 29 460 000 Resettlement assistance 44 250 000 Vulnerability assistance 5 000 000 RAP Implementation and Monitoring Implementation budget 35 000 000 RAP Monitoring 21 700 000 Sub-total 290 395 000 Contingencies 10% 29 039 500 TOTAL 319 434 500

The estimated budget of this Abbreviated RAP stands at CFAF 319 434 500 for 177 PAPs.

13. IMPLEMENTATION SCHEDULE

The RAP implementation schedule is based on the projected commencement of works in early 2019. These dates are subject to change depending on the project implementation schedule.

Table 9 ARAP implementation schedule Activity Sub-activity Dates RAP report validation sessions through public 10/02/2018 RAP validation consultations with PAPs RAP disclosure session with institutional actors 14/02/2018

RAP disclosure sessions with PAPs 15/02/2018 20-22/03/2018 Update of census data May 2018 Right-of-way Constitution of individual files May 2018 clearance process Negotiation and signing of agreements May 2018 Payment of compensation July 2018 Notifications of summons November 2018 Clearance of rights-of-way December 2018 Identification of resettlement sites for commercial December 2018 platforms Collection and registration of appeals May 2018 Redress mechanism Processing of appeals with resolution authorities June 2018 Update of the database for conclusive remedies December 2018 Identification of vulnerable PAPs May 2018 Implementation of Support for physical and economic resettlement September 2018 resettlement Support for IGA identification for vulnerable October 2018 measures PAPs Support for IGA implementation January 2019 Monitoring and Monitoring of RAP implementation activities March 2019 evaluation of RAP Evaluation of the resettlement of PAPs March 2019 implementation Closing of the Preparation of a final resettlement report April 2019 resettlement

14. MONITORING AND EVALUATION

Monitoring will be carried out through indicators on the following RAP implementation activities:

• information and consultation ;

• signing of agreements with PAPs ;

• payment of compensation;

• clearance of rights-of-way;

• participation of PAPs;

• support for PAPs.

The following table summarises the activities, indicators and responsibility for the monitoring of ARAP implementation.

Table 10 Monitoring of RAP implementation Activities Monitoring Monitoring Period and Responsibility measures indicators frequency -measure the level - number of -during RAP -RAP of knowledge and RAP implementation Implementation information disclosure on a weekly Consultant Information and -information and meetings basis consultation communication - number of strategy information activities involving a RAP component - number of people informed and sensitized Signing of -ascertain - percentage -during RAP - Conciliation agreements with acceptance and and number implementation Commission PAPs adherence to the of individual on a weekly compensation agreements basis scales obtained -ensure that - percentage individual and number agreement of PAPs documents have referred to been produced the -ensure the Conciliation signing of Commission agreements

Payment of -ensure that - percentage -after the -AGEROUTE compensation compensation and number signing of -Administrative and clearance of granted to PAPs is of male or agreements on authorities rights-of-way effectively female PAPs a weekly basis -Financial received that have structures -ensure that received compensation is their paid before any compensatio physical relocation n by -ensure that PAPs category have cleared the - date of rights-of-way on receipt of

Activities Monitoring Monitoring Period and Responsibility measures indicators frequency the planned date compensatio n relative to the date of summons to clear the rights-of- way for each PAP - percentage and number of male or female PAPs that have received their compensatio n by category Claims -verify that people - number of -during RAP - management who feel claims implementation Administrative aggrieved can file registered by on a weekly authorities a claim type basis -RAP -ascertain - percentage Implementation acceptance and and number Consultant adherence to the of -AGEROUTE compensation complaints scales resolved - average processing and resolution time -ensure that PAPs - number of - during RAP -RAP are aware of how meetings implementation Implementation to secure their held within on a weekly Consultant compensation the basis -ensure that PAPs framework have been of social Support for supported to support PAPs resettle (landlords - number of and tenants) PAPs -verify that PAPs seeking have received support by support to find a category site equivalent to their business - number of

Activities Monitoring Monitoring Period and Responsibility measures indicators frequency place PAPs that -verify that PAPs have been have received able to support to find resettle equivalent land - number of -check that PAPs PAPs that have been referred have found to technical an services or other equivalent structures site for their business place - number of PAPs referred to technical services and other structures - Types of support granted Support for -check that all - percentage - during RAP -ARAP underprivileged underprivilege and number implementation Implementation groups d groups are of vulnerable on a monthly Consultant visited to plan persons that basis -AGEROUTE for their have resettlement received with them support - verify that - Types of vulnerable support persons can granted count on personalized support during the transition period Participation of - check that - number of - during -AGEROUTE PAPs PAPs have male and RAP -PAPs been able to female PAPs implement -ARAP contribute to that have ation on a Consultant RAP participated in weekly implementatio information basis n meetings

15. REFERENCES AND CONTACTS

Abbreviated Resettlement Action Plan of the Project to Rehabilitate the Sénoba-Ziguinchor- Mpack Road and Open up the Southern Regions.

For more information, please contact:

For the AfDB:

• Mohamed El Abass WADE, Transport Engineer: [email protected]

• Gisèle BELEM, Social Safeguards Consultant: [email protected]

• Moctar MBODJ, Consulting Transport Economist: [email protected]

For AGEROUTE:

• Alioune Mané, Project Coordinator: [email protected]