Notice of Registration Request Number: RQ2019/1 Country: Senegal PROJECT: DAKAR REGIONAL EXPRESS TRAIN -PHASE 1: DAKAR-DIAMNIADIO SEGMENT, SENEGAL

Date: 19 August 2019

1. On 09 June 2019, the Compliance Review and Mediation Unit (BCRM) received a Complaint relating to the aforementioned Regional Express Train (TER) Project.

2. The Complaint was submitted by two national NGOs, signed by Mr. Aly Sagne, on behalf of the Lumière Synergie Développement (LSD) and Mr. Ibrahima Cissé, for Collectif National Des Impacts’ du TER (the National Collectif) representing persons affected by the project (PAPs).

3. The Complainants alleged that the TER Project has affected more than 14,465 individuals because of the demolition of their properties to clear the right of way for the train route (about 36 km). Moreover, they claimed that since the start of the project, the National Collectif has used all the means at its disposal to bring to the attention of the National Agency for Promotion of Investment (APIX) - the project promoter – the Project’s inadequate public consultations and negative impacts on the PAPs due to its intended involuntary resettlement of these people. The Complainants are of the view that the TER Project violates the environmental and social safeguard policies of the donors of the Project including those of the African Development Bank (AfDB).

4. The Complainants request the recourse mechanisms of the lenders, namely the Independent Review Mechanism (IRM)) of the AfDB and the Complaint Mechanism of the French Agency for Development (FAD), to investigate the aforementioned complaints together with the project’s Resettlement Action Plan (RAP), which should be implemented by the APIX. The Complainants allege that this plan was only prepared and delivered in favor of the Government of Senegal.

5. The Complainants blame the RAP compensation criteria, payment of cash compensation without additional support especially to vulnerable people, for the unfair treatment of PAPs. They described the inadequate compensation of the PAPs, areas that should be covered by the Project, as follows:

(a) Dakar: The Complainants alleged that the PAPs in this region were treated inequitably. While some have received a symbolic cash compensation, others have not. In addition, there are those that have been covered by the census survey but not yet included in the list of eligible PAPs. Moreover, the Complainants claimed that twenty- six (26) owners of small businesses in Colobane have suffered significant social and economic losses because of their eviction for the construction of the central TER station on the Dakar-AIBD (the Blaise Diagne International Airport) line.

(b) Pikine: The Complainants mentioned that the PAPs in the suburbs of Dakar were not fairly treated. The construction of the Project negatively impacted the owners of many businesses located in the demolished Thiaroye market. To this date, the Project’s grievance redress mechanism - the reconciliation commission - has not addressed their cases.

(c) Rufisque: The Complainants stated that sixty-six (66) PAPs who are holders of formal title deeds were only compensated for the loss of their structures/buildings because the local authorities disputed their land titles.

6. Based on the above, the Complainants requested BCRM to handle their Complaint through a problem-solving exercise to redress the harm suffered by the PAPs.

7. According to the Project Appraisal Report of January 2017, the Boards of Directors of the African Development Bank (ADB) approved the TER Project Phase 1 in June 2017. The total cost of the Project is estimated at EUR 866.89 million and the AfDB’s contribution is EUR 182.94 million. The other co-financiers of Phase 1 are the Islamic Development Bank (IsDB), the French Development Agency (FDA), the French Treasury and the Government of Senegal. The IsDB signed the loan on 23 March 2017, and the AFD and the French Treasury on 25 April 2017. 1

8. The Project should be implemented in two phases. Phase 1 to construct the Dakar- Diamniadio route (36 km), Phase 2 is to construct the Diamniadio-AIBD route (19 km). The duration of Phase 1 is for five years.2 The Phase 1 became effective in October 2017 and should be completed by November 2019.

1 Project Appraisal Report of January 2017, pages iii & v [hereinafter referred to as, “PAR”]. 2 PAR, p. v.

9. The direct project area (PA), is composed of the Dakar Region and two municipalities of the Thiès Region, has approximately 3.5 million inhabitants (projected to rise to 5 million by 2030), representing 23.65% of the national population and 49.60% of the urban population. The direct beneficiaries of the Project are users of transport services as well as communities living within the project area.3 The TER Project will facilitate transport for 113,000 passengers per day and should form the public transport backbone of the Dakar metropolitan area. It will also offer social benefits to women and the youth, such as local economic activities (handicrafts, fishing, etc.) and training to facilitate their integration into the transport sector.

10. The Project is classified by the Bank as Category 1 (high-risk operation), in accordance with the national laws and the AfDB's Integrated Safeguards System (ISS), and due to its potential negative impacts on the environment and people. The objective of the AfDB’s Environmental and Social Management Framework (ESMF), derived from the Strategic Environmental and Social Assessment (SESA), is to mitigate, offset or eliminate the Project’s negative impacts. The project’s contractors, consultancy services and supervision teams should follow the ESMF.4 Accordingly, its requirements have been incorporated into the bidding contracts and will guide the development of Project’s work site Environmental and Social Impact Assessment (ESIA) and its auxiliary actions plans, including the Environmental and Social Management Plan and Resettlement Action Plans.5

11. The Project’s loan conditions are: (i) the Borrower to open a special account for the payment of compensation and to annually maintain this account to cover such costs; and (ii), the APIX should submit to the Bank the work site ESIA, ESMP, and quarterly reports on the implementation of ESMP and the RAP.

12. With regard to the resettlement issues, the Project’s Appraisal Report mentions that, the estimated total number of PAPs is 11,703. Accordingly, a full RAP for the regions to be covered by the project (Dakar, Pikine and Rufisque), was prepared, validated by an Ad Hoc Committee and posted on the website of APIX.6

13. The APIX Department for the Environment and Release of Rights-of-way (MOD), with the assistance of the Project Supervision Team, should monitor the implementation of the mitigation measures. This is in addition to the periodic monitoring of the Project by the Directorate of the Environment and Classified Establishments (DEEC), which is as an external control entity.7

3 Ibid, page iv. 4 Ibid., page 12. 5 Ibid. 6 Ibid., page 13. 7 Ibid.

14. Furthermore, the design-and-build configuration adopted, the optimization was done prior to detailed studies (for e.g., pedestrian bridges, the walls design, the reallocation of existing infrastructure) so as to reduce the number of PAPs. In addition, the APIX already established offices on the sites and committees chaired by the local authorities to sensitize the populations and to facilitate the compensation process.8

15. Upon conducting a preliminary assessment of this Complaint, the Acting Director of BCRM has determined that it falls within the mandate of the IRM. In accordance with Paragraph 23 of the IRM Rules of 2015, the Acting Director of BCRM has registered the Complaint on 14 August 2019 in the IRM Register of Requests (Request Reference No. RQ2019/1), and sent this Notice of Registration to the Requestors, the Boards of Directors and the President of the Bank Group. The IRM Register of Requests is accessible on the Bank's website at www.afdb.org.

16. In accordance with Paragraph 36 of the IRM Rules, Management should submit its Response to this Request to BCRM within twenty-one (21) business days of the receipt of this Notice of Registration, i.e., by no later than 17 September 2019. The Management Response should indicate how the Bank has complied, or intends to comply, with AfDB’s relevant policies and procedures as applicable to this Project, and whether the Bank is willing to engage in a problem-solving exercise of this complaint, which will be facilitated by the Director of BCRM.

17. The Requestors, Bank Management and any other interested parties should indicate the Request reference number (No. RQ2019/1) in all their future relevant correspondences with the BCRM.

18. The Complainants are notified that all communications relating to the Request will be sent to the address indicated in the Complaint letter, unless they provide different contact information to BCRM.

19. Upon receipt of the Management Response, I will inform the Boards of Directors on the course of action for handling this Complaint.

Alan BACARESE Ag. Director Compliance Review and Mediation Unit (BCRM)

8 Ibid.

Cc. 1. The President 2. The Requestors (Mr. Aly Sagne and Mr. Ibrahima Cissé)

Attached: The Request Letter

THE REQUEST LETTER

TO: Mr. Sekou Toure Director, Compliance Review and Mediation Unit African Development Bank Avenue Jean-Paul II, Abidjan, Côte d’Ivoire Email : [email protected], [email protected]

Mrs. Lucie Guillet Director, Environmental and Social Claims Management System French Development Agency 5, Rue Roland Barthes - 75598 Paris Cedex 12 – France [email protected]

Subject: Complaint Relating to the Regional Express Train Project, Senegal The national association (National Collectif) of the People Affected by the Project "Regional Express Train" (TER), would like to bring to your attention the shortcomings and the serious violations of the fundamental procedures of involuntary resettlement by this project. In 2016, the Islamic Development Bank (IDB), the African Development Bank (AfDB), the French Development Agency (AFD) and the Republic of Senegal co-financed this project as one of the largest railway infrastructure projects in Senegal since its independence.

Context The Dakar TER is co-financed by the African Development Bank, the Islamic Development Bank (P-SN-DC0-003), the French Development Agency, the French Treasury and the Senegalese Government in 2017 for 914 millions including US$ 192.8 million (120 billion CFA francs) from the AfDB as approved on Wednesday, June 21, 2017. The implementation of the project has impacted more than 14,465 individuals and businesses during the clearance of the rights of way of the TER route ( 36km). Since the start of the project, the National Collectif of Project Affected People (PAP), has used all means at its disposal to bring this matter to the attention of the project promoter, showing its disagreement with the compensation process, because of the inadequate public consultations and the inequitable involuntary resettlement, that are in violation of the environmental and social safeguards policies of your different institutions.

Therefore, the National Collectif calls the AfDB’s and AFD’s complaints mechanisms to carry out investigations to rectify the serious deficiencies and redress the harms to be caused by the proposed Resettlement Action Plan (RAP) and its implementation by the National Agency for the Promotion of Investment and Major Projects of Senegal (APIX).

Resettlement issues The problems of the resettlement relate to the absence of inadequacy of consultations. The affected people were pressured only to respect the deadlines set by the Government of Senegal. In particular, the situation in the regions/or localities is as follows:

Dakar: PAPs have not been treated equitably with little compensation and so far, some PAPs that have received confirmation of their eligibility following the census are not yet included in the compensation list. The 26 business and local markets of Colobane demolished, to make room for the train maintenance center in the Train Express Regional network of the Dakar-AIBD line, suffered enormous socio-economic losses.

Pikine: The PAPs in the suburbs of Dakar just like the others did not receive a fair treatment. The cases of PAPs who own many places of business impacted by the demolition of Thiaroye market, have not yet been heard by the conciliation commission.

Rufisque: 66 PAPs from the same district holding title deeds were compensated only for the building structures because their land titles are disputed. The current situation of the PAPs also reveals that the TER project has followed arbitrary way for compensation, namely cash compensation without additional support for the vulnerable people.

Applicants' request Following this observation, the National Collectif of Affected People of the TER and Light Synergy for Development ask your Mechanisms to undertake a problem-solving exercise to rectify and redress these serious losses suffered by the affected people. During this process, the National Collective aims to benefit from the advice of Lumière Synergie for Development (LSD), and request that any correspondence or response to this request should be copied to LSD at the same time as the applicant Collectif.

Please accept, Sir and Madam, our distinguished highest regards.

Aly Sagne Lumière Synergie Développement BP 279 RUE ValPar Ndiaye. Escale Fatick – Sénégal Téléphone +221339459040 : +221776417074 Email : [email protected]/[email protected]

Ibrahima Cissé COLLECTIF NATIONAL DES IMPACTÉS DU TER / « SAME SUNU SUTOURA »3S Siège social : Médina Thiaroye Kao 3 Email : [email protected]

Annex 1: Interactions between the National Collective of Impacted PAPs and the promoter of the project

The claimants had several discussions with the promoter and the national authorities demanding the protection of the rights of the impacted people by the project: - The National Collectif representing the people impacted by the TER sent a letter to the President of the Republic of Senegal entitled "Impoverishment at the Speed of the TER (Regional Express Train) on September 26, 2017. It should be noted that the same letter was sent to the donors of the project. - On the same date, the Collectif sent a request for a hearing to Benno Bokk Yakaar, the President of the parliamentary group, a majority group in the National Assembly. The objective of the Collectif letter was to bring to the attention of the National Assembly the compensation criteria adopted by the APIX, the fears of the people affected by the project as well as the negative impacts on the socio-political context of the project at the time. -On October 29, 2018, the Departmental Collectife of Dakar in turn sent a letter to the President of the Republic. The letter raised issues about the delay of the resettlement, non-payment of compensation for loss of rental income, lack of social support of vulnerable displaced persons and lack of structuring financing projects for PAPs. The letter was received by the Governor of the Region who forwarded it to the APIX, which in turn responded to the complainants on 4 December 2018. Among other statements, the APIX confirmed that the project’s social support is a process that will continue until the final resettlement and the resumption of the economic activities of all of the PAPs. In addition, the APIX will report the grievances of the PAPs to the department of Dakar responsible for the sensitization and the resettlement impacts of the TER. - On August 30, 2018, the National Collectif prepared another brief on the monitoring of clearance of the project's right-of-way. This followed the final agreement of President of the Republic after hearing of the brief by Collectif on April 15, 2018. The brief covered a number of measures to tackle: 1- The delays in the payment of cheques; and the issuance of uncovered cheques. 2- The passage of the deadline for the payment of the second social support cheque. 3. The anarchic demolition of houses. 4. The total insecurity (darkness, theft, assault, rape ...) in the route. 5. The ineffectiveness of the application of the measures recommended by the environmental and social impact study that was validated since 23/05/2018. 6. The standing still process and the lack of information on the viability of the resettlement sites. (Camp Thiaroye, Yeumbeul Nord / Gadaye and Pole du Lac Rose); delays of issuance of the titles to the owners and the integration of the omitted agreements with the PAPs. 7. The treatment of resettlement of sub-households and social cases. 8. Land Titles Processing. 9. The status of the revision of the Rufisque Land Tenure Schedule. 10. The derogatory treatment of the files of the leaders of the communities.

SAME SUNU SOUTOURA National Association of Persons Affected by the project Regional Express Train 26/09 /2017

TO Mr. President of Constituency BENNO BOKK YAKAAR Subject: Request for a Meeting

Mr. President,

By this letter, we would like to seek your great indulgence to call for a meeting whereby we would like to discuss the following issues: The compensation criteria adopted by the APIX. The social and economic concerns of the PAPs, (persons affected by the project). The negative impacts on the actual social context. While awaiting your favorable response, please Mr. President accept our expression of great appreciation.

The National Coordinator Ibrahima Cissé Siège social : Média Thiaroye Kao 3 Tel : 778047039 / 775577175 Email : [email protected]

Republic of Senegal –people – future – and will Dakar Region Office of Dakar

Subject : Order for Eviction of Property of TER project

Following your receipt of payment, representing your compensation for acquisition of your land in context of freeing the land for the project, Regional Express Train (TER), you are requested to vacate the property that you are occupying within 10 days, which will start from the date of your receipt of payment. If this order is not followed, the administration will claim its rights through all necessary means.

ALIOUNE BADARA SAMBE

RECIPIENTS: Mrs. Diale THIAM Mr. Mamadou Tidjane KANE Mr. Abdoulaye AMAR Mr. Mamadou MBAYE Mr. Malick NDAO

Residents of la Cité KEUR Yarak Region of Hann Bel Air DAKAR

Address: Place de l’Indépendance – Tel. : 33849 8282/ Fax : 33 823 4422- BP 255 Dakar – Email : [email protected]

Dakar, le 29 October 2018 Association of People impacted by the Project Regional Express Train (TER) Dakar Region Tel. : 77 0990 15 86/ 77 314 4902 Email : [email protected]

TO His Excellency Mr. Macky SALL President of the Republic of Senegal

Subject: Petition relating to the Dakar Region towards lack of respect of its obligations towards the persons affected by the Regional Express Train

Your Excellency,

As people impacted by TER project, we would to bring to your attention our frustration, real frustration. We are the residents of Wakhinane Colabane, Yarakh Hann Bel Air et Potou neighborhoods suffering a great deal from our eviction. In the light of the non-payment of compensation: • The delay of the resettlement • No compensation for the loss of rental income • Lack of support of the compensated and impacted people • The non-re-evaluation of the compensation of the impacted people • Lack of funding of projects by DER

Mr. President of the Republic, as Senegalese citizens concerned with the public interest in general and the social welfare of the communities in particular, we fully support the Regional Express Train project,. This is similar to any other infrastructure projects envisioned in the Plan of Senegal, the emergency plan (PSE), that you have put in place for our great country, in spite of the inherent difficulties of the massive resettlement of people. Mr. President, the lack of support measures which led to the relocation of a number of families, the drop-out of many students and the unemployment of significant number of craftsmen and workers, had compelled us to speak and meet with several authorities. It is only the governor of Dakar who had met with us on Tuesday, September 11, and promised us with a possibility to be resettled in Malika

To attest to the present difficulties experienced by the people in different regions, please find attached a petition signed by two hundred and twenty (220) citizens impacted by this project. While waiting for your esteemed response and consideration, Mr. President of the Republic, please accept our expression of our high regards and appreciation.

Attachment: the petition regarding the acquisition and valuation of assets of impacted by the TER project in the Dakar region.

Cc. Governor of Dakar Council of Dakar

The President of the Local Association The Secretary General Fatou DIONE Ousmane DIOUF

National Association of IMACTED BY TER/ « SAME SUMU SUTOURA » 3S Head office : Médina Thiaroye Kao 3 Email : [email protected] Telephone : 778047039 30/08/2019

MEMORANDUM

For the Attention of the Governor of Dakar Region

Subject : follow up with the eviction by TER

May 31, 2018, is a memorable date in the life agenda of the group impacted by the TER. It coincides with the second inter-ministerial council following the recommendations of the President of the Republic at the meeting of the Council on April 15 at the Diamniado International Conference Center (CICAD).

At the end of this meeting, the Council- which aimed to consider the document of counter-proposals of the association of the people affected by the project (PAP)- was satisfied with the result of the outcomes that had been announced to the public assuring the decision of the support of the State of Senegal in the process of clearing the right of way. Since then, the local association has deployed all its efforts to fulfill its commitments and within the required time. That is, within the space of 90 days, the remaining 45% of the PAPs, were satisfied with the results of the negotiations with the Conciliation Commission.

In addition, our last monitoring-evaluation meeting for the release of the right-of-way, allowed us to detect some irregularities that could ruin our irreproachable results so far. The evaluation of the points below by the National Commission is unavoidable:

1. Delay of payment of cheques , the issuance of checks without a balance. 2. The failure to meeting the deadline for the second payments. 3. The unlawful demolition of houses. 4. Total insecurity along the road (darkness, theft, assault, rape ...). 5. Failure to implement the measures recommended by the environmental and social impact study that was validated since 23/05/2018. 6. The lack of information on the viability of the resettlement sites (Camp Thiaroye, North Yeumbeul / Gadaye and Pink Lake Pole); delays in the issuance of the titles to the owners and the integration of the omitted PAP’s agreements. 7. The treatment of the resettlement of sub-households and claims.

8. Land Titles Processing. 9. The progress of the revision of the land valuation by the department of Rufisque. 10. The disregard of the files of the heads of the local association.

On this last point, we consider this as a way to undermine our image at a time when we managed the most complex part of the project. To date, none of us is certain of his or her future, we are at despair without a valid reason. To make long short, we demand the strict application of the OS2 recommendations in the same way when we had successfully defended the other PAPs in the conciliation commission. The patriotic approach we have taken for the social welfare since the President of the Republic decided on the issue of the impact of the TER does not deserve this treatment. All in all, we reiterate our commitment to a better collaboration for a successful continuation of the project.

The national coordinator of impacted by TER Ibrahima Cissé

Petition for the revaluation and resettlement of the people impacted by the project of the Department of Dakar

Annex 2

The French Agency for Development (AFD)

Dakar, 4 October 2017 M. Ibrahima CISSE National Coordinator Collectif 3S « Same Sunu Sutura » des impactés du TER Médina Thiaroye Kao 3 YEUMBEUL-PKINE

Dakar Office Dakar, Sénégal

MR/RN/0510/2017 Subject : Resettlement Action Plan (RAP) for the persons affected by the Regional Express Train (TER) Ref. : your letter dated 26 September 2017

Mr. National Coordinator,

By this letter, we share your concerns about the impact of the TER project in general and the Action Plan and Resettlement in particular. I want to clarify that, your request has been treated by our services with greater attention. Since its receipt, your letter has been shared with the Senegalese authorities, the technical and financial partners as well as with the APIX.

Finally, I invite you to take this opportunity to approach the mechanism for handling complaints that put in place by the APIX within the framework of the RAP for TER’s Dakar-Diamniadio. I remain at your disposal for any further exchange on this subject and please accept, Mr. National Coordinator, my expression of my highest regards.

The Director Laurence HART

Annex 3

Letter sent to the lenders (BID, BAD and AFD)

3S «SAME SUNU SOUTOURA » The Association of Affected by TER, Regional Express Train Head office : Médina Thiaroye Kao 3 Tel : 778047039 / 775577175 Email : [email protected] BP31192

To the Attention of the Country Manager of the Office of the African Development Bank/Senegal

Impoverishment at the speed of the TER (Project of Regional Express Train)

The "Beauty" of the regional express train project that the authorities are singing is a disguise of an impoverishment program for 3,000 riverine families

Indeed, as a reminder, The objective of the SDGs (Sustainable Development Goals) is to eradicate poverty and improve the life standards of people around the world by 2030. The SEP (Senegal emerging plan) even if it is born well before, aims to achieve the same objectives. It is in this sense that the speech of the President of the Republic delivered during his official launching of the TER project at CICAD (International Conference Center Abdou Diouf), stated that "if we have the sense of history and of common destiny, we cannot do in the 21st century less than what was done in the 20th century ".

It is, therefore, regrettable to note that the first actions carried out for the achievement of the project are in contradiction with the values mentioned above. Indeed the RAP (resettlement action plan) as prepared by the APIX, goes against the principles of the international organizations (UN, AU, ECOWAS) and the partners financing institutions (the World Bank , the African Development Bank, the Islamic Development Bank, the French Development Agency ...). In addition, in violation of the standards and recommendations of these international bodies concerning the expropriation of land for public interests and the involuntary resettlement, the APIX and its collaborators (NGO 3D, ENDA, MSA) seek at all costs to impose their own conditions on the affected populations. The proofs are as follows:

Lack of engagement of actual PAPs (Persons Affected by Project) in the planning and implementation of the Resettlement Action Plan.

Lack of respect of impacted people by the commissions of conciliation (unwelcoming meetings, disgraceful remarks, intimidation of the elderly on the eventuality of losing their houses if they refuse to accept the conditions proposed to them, lack of respect of appointments ... ).

Proposal for compensation of land from a scale established on the basis of samples of speculative prices less than the market prices in force in the areas concerned. Besides these anomalies in the implementation of the RAP, there are other flagrant inconsistencies and injustices regarding the proposals made to the impacted which are way below the commitments made by the Senegalese authorities with the donors. These inconsistencies and injustices result in:

-Discriminatory treatment of the impacted people In the pretext that the state no longer has a land reserve, residents who own houses will simply have to settle for cash compensation. At the same time by instructions from the Head of State, the merchants of Thiaroye are recipients of 7ha in the military camp of Thioroye which is a key shopping center for the past generations, the mechanics and other trades in Colobane, they will be resettled in Diamniado.

And this injustice is more flagrant and unacceptable, when the Minister of Housing, suggested on 25 April that, there is a room available for Senegal to offer to the foreign investors for free a land (6000ha) in the Diamniadio, Sangalkam, which is the urban pole of Lac Rose and Déni Birame Ndao. This is at a time when the PAP need only 1.66% of this land. (see the TV news of the RTS of this date).

-An erroneous assessment of land and building losses The State proposes to buy in the department of Pikine the land of 150m2 for 2.880.000F, and in the department of Rufisque the same area for 1.600.000f. However, even in the most remote localities of the sub-urban area, the prevalent prices are far reaching and exceeding these amounts. In addition, the prices of the construction materials (cement, iron, concrete, sand, etc.) is inflated dramatically. Under these conditions, one can imagine the difficulties looming on the horizon (2030 / ODD and 2035 / PSE) for nearly 250,000 people, mostly children, women, young people, people with disabilities. The disable and old people who are already living in extreme vulnerability.

-Psychological and economic abuse: For two years, the PAPs have been put on hold by the RAP, being informed prematurely of their departure and asked not to carry out any more works or extensions within their residences, and for the children, women and fathers of families, they are in state of tenacious and indefinite uncertainty.

• The education of children suffers terribly as evidenced by the declining education rates in in the targeted area.

• The income of the PAPs is blocked, especially for those who were active in the poultry farming, raising sheep, market vegetables, the construction of commercial spaces (apartments, shops ..) as well as the training of as well as the social and -economic activities led by women. All in all, we deplore the incompetence of the APIX and denounce the nebulous and risky management of the assets and the well-being of this vulnerable mass which is protected by the policies of the international institutions (World Bank, OP 4.12: African Development Bank OS2) and the Senegalese law on involuntary resettlement (Law No. 76-67 of 2 July 1976).

While waiting for a favorable response to our request , please accept our expression of our high regards.

The National Coordinator Ibrahima Cissé

26/09/2017

Annex 4 - Environmental and Social Safeguard Policies Concerned

The Dakar Regional Train Express (Senegal) project launched in January 2016 is still under construction despite its reception with great fanfare in January 2019. However, this good quality project towards the future has led to an unprecedented situation for people affected by development projects in Senegal. For this reason, we complain that there is evidence of non-compliance with donors environmental and social safeguards. African Development Bank:

The Integrated Safeguards System of the African Development Bank (Year 2013). The non-compliance concerns the operational environmental safeguard 2 for involuntary resettlement - land acquisition, displacement and compensation of the people. As part of the Train Express Regional project, the people affected by the project were sacrificed since the State of Senegal and the project owner main concern was to respect the deadlines for the delivery of the project.

The persons and owners of businesses displaced by the Train Express Regional project framework were not meaningfully consulted. They were not offered the opportunity to participate in the planning and implementation of resettlement programs. The few drafts of resettlements proposed after years of struggle PAPs are still not realized to the despair of the PAPs. Finally, OS2's objective is to prevent unintentional resettlement, is poorly planned or misapplied by all means in the Regional Express Train. In the same vein, the severe risks of long-term impoverishment of the affected people is constantly documented by the national collective for the impacted. French Development Agency (AFD)

The environmental and social framework of AFD is unequivocal by putting environmental and social issues at the heart of its concerns. In order to deal with regulatory limitation in the countries where it operates, AFD applies the World Bank Group standards, notably the World Bank's E & S Framework and the International Finance Corporation's (IFC) Performance Standards, as well as credit ratings, guidance and interpretation. In view of the key elements of the complaint, a clear evidence of violation of IFC Performance Standard 5 on Land Acquisition and Involuntary Resettlement has been cited. The same is true of Performance Standard 1 on the Assessment and Management of Risks and Environmental and Social Impacts as well as the new Environmental and Social Framework of the World Bank. The evidence in the complaint file sufficiently demonstrates that the implementation of the Train Express Regional project goes against these standards. Thus, AFD may be criticized for failing to ensure that the grievances of affected communities and the external communications of other stakeholders are appropriately addressed and managed. The application of IFC Standard 5 in its entirety would certainly result in a better situation for TER PAPs.

• Avoid forced eviction • Anticipate and avoid, or where it is not possible to avoid, mitigate the negative social and economic impacts resulting from the acquisition of land or restrictions on their use by: (i) providing compensation for the loss of land; Assets at replacement cost and (ii) ensuring that resettlement activities are accompanied by appropriate and informed communication, consultation and informed participation of affected persons. • Improve or at least restore the livelihoods and living conditions of displaced persons. • Improve the living conditions of physically displaced persons by providing adequate housing with secure tenure at resettlement sites.

Annex 5- Proof of Representativeness of Complainants Activity 2.2. Complaint Support - Complaint validation meeting for TER PAPs June 8, 2019 Date: June 08, 2019 Location: Coffee press LIST OF ATTENDEES