Notice of Registration Request Number: RQ2019/1 Country: Senegal PROJECT: DAKAR REGIONAL EXPRESS TRAIN -PHASE 1: DAKAR-DIAMNIADIO SEGMENT, SENEGAL
Total Page：16
File Type：pdf, Size：1020Kb
Date: 19 August 2019 Notice of Registration Request Number: RQ2019/1 Country: Senegal PROJECT: DAKAR REGIONAL EXPRESS TRAIN -PHASE 1: DAKAR-DIAMNIADIO SEGMENT, SENEGAL 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. 1 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. 2 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. 3 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. 4 Cc. 1. The President 2. The Requestors (Mr. Aly Sagne and Mr. Ibrahima Cissé) Attached: The Request Letter 5 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.