Cadre de politique de réinstallation du PRAO Sénégal

Presentation of the Project

In order to strengthen the achievements of their partnership in the fisheries sector, the Government of Senegal, the World Bank (IDA) and the Sub-Regional Fisheries Commission (CSRP) are preparing the second phase of the Regional Fisheries Project in West Africa (PRAO-Senegal).

The objective of PRAO-Senegal / Phase II is to improve the management of the targeted fisheries, increase the post-harvest value of fish products in targeted landing sites, and strengthen an environment conducive to aquaculture development.

PRAO-Senegal / Phase II is articulated around these three technical components:

• Component 1: Improved management of selected fisheries
• Component 2: Improved processing of fish and fish products
• Component 3: Project Management, Monitoring and Evaluation, and Communication

The implementation of the proposed activities is expected to generate a range of benefits for the country in general and for the fisheries sector in particular, but this implementation could result in potential negative social impacts that must be addressed starting from the project preparation phase.

In order to minimize these potential adverse effects, the development of this Resettlement Policy Framework (RPF) has been requested. At this stage of the project, it is screening tool and guidance for preparation of RAPs because all the activities planned in the project have not been identified definitely and fully, and the intervention sites are not yet identified in a precise and definitive way.

The implementation of the PRAO-Senegal Project will be coordinated by the Directorate of Maritime Fisheries (DPM), through a unit of implementation and management which will be assisted by a National Steering Committee composed of the stakeholders involved in the project.

Background and objectives of the project Resettlement Policy Framework

This Resettlement Policy Framework (RPF) has been prepared to meet the requirements of the World Bank OP 4.12 on Involuntary resettlement. The RPF is required when a project is likely to have impacts on lands, property and livelihoods but these impacts cannot be precisely identified before the Bank's project assessment; this is to prevent the various negative impacts of the project investments on the populations in the event of forced displacement.

The implementation of some of the PRAO investments, particularly those related to infrastructure development (wharves, monitoring stations, aquaculture sites, etc.) could lead to the loss of privately owned property and the loss of sources of income, with this resulting in the economic displacement of the affected people.

In order to alleviate these inconveniences and to improve, or at least maintain, the living conditions of the affected people and communities after the start of the constructions, the World Bank has requested that the Government of Senegal prepare this RPF. This RPF will enable the project to meet the requirements of operational policy 4.12 on the involuntary resettlement of populations.

This RPF is therefore a scoping document that outlines the impacts of the project and specifies the principles and criteria that will be used to resettle or compensate displaced persons. It also presents the institutional procedures and modalities for resettlement in compliance with the guidelines of OP 4.12, the Senegalese legislation on expropriation for public utility and compensation of affected persons. The main purpose is to provide guidance for the preparation and implementation of specific resettlement action plans (RAPs) prior to the start of any construction.

Impacts of the project on people, property and livelihoods

The potential negative social impacts of the project will come mainly from the development of fishing and supervisory infrastructure for marine natural resources and activities. These impacts could relate to losses of privately owned structures, temporary losses in trade and service income, and loss of sources of income or livelihood (craftsmen fishers, craftsmen/repairers, women fish processors, restaurant owners; fish sellers).

It has been anticipated that most of the land the project will require is in the maritime public domain. On the other hand, the potential impacts on income may be quite significant because the project's operations will be located in the maritime public domain where, in principle, no private property can be impacted, but where income generating activities, including those set up irregularly, are likely to be affected.

Estimate of the number of people affected by the project

At this stage of the project, it is difficult to determine the exact number of people who would be affected because the specific studies of the project have not yet been conducted in order to identify the right-of-way scope of the project PRAO Senegal. However, on the basis of the legal nature of land matters (maritime public domain) in the project's intervention sites, it can be anticipated that involuntary land acquisitions will be rather limited because most of the sites will be in the Maritime Public Domain. On the other hand, the Project will affect the facilities and other arrangements put in place by the stakeholders of the fishing sector: women processors and sellers, repairers of canoes and engines, etc. A specific census and socio-economic study will be needed to determine the exact number of people affected when developing the Resettlement Action Plans.

Legal and institutional context of the resettlement

The legal and institutional context of the project's RPF relates to Senegal's land legislation (laws applicable to land matters, land status), public participation, mechanisms of land acquisition, resettlement and economic restructuring. It also contains a comparative analysis of Senegal's national legislation and the World Bank's Operational Policy on Involuntary resettlement, namely the OP4.12.

The legal framework for the resettlement of PAPs by the project derives from the national legislation and the OP4.12 of the World Bank. The infrastructures that will be built under the project are in the public or state domain. They are established on lands that belong to the urban area or lands that belong to the national domain and are managed by local authorities.

As for the institutional framework for resettlement, it involves different institutions in the project: the directorate of public lands, the commission for the control of land operations, the departmental commission for the evaluation of expenditures, local authorities, etc.

Land legislation in Senegal

Lands can be made available to the program in different ways depending on their status. Privately-owned land is expropriated for public utility in a rather formal manner by granting compensation in cash or in kind for some cases. Land in urban areas is subject to the same procedure. As for state-owned land, making it available to the project poses no difficulties in terms of expropriation procedures. Finally, the lands that belong to local areas are managed by the rural councils. Special attention should be paid to the needs of vulnerable groups within displaced populations. Compensation for losses incurred must be fair, preliminary and equitable, and it must enable them to receive the required assistance for effective resettlement.

Comparison between Senegal's legal framework for resettlement and the OP4.12 highlighted points of convergence and points of divergence.  However, it is stipulated that in case of contradiction in the interpretation of the appropriate measures to be taken, the provisions of the OP4.12 will be applied de facto.

Eligibility for compensation

For this project, three categories of persons should be eligible for compensatio: (a) holders of formal and legal land rights, including customary rights recognized by national laws; (b) those who do not have a formal right to the land at the time the census begins, but who have titles or others documents recognized, or likely to be so, by the national laws; (c) informal occupants who do not have rights or formal land titles. It should be noted that people in category (c) are not entitled to compensation for loss of land; they receive livelihoods restoration and resettlement assistance instead of compensation for the assets’ losses endured. Even though the National Domain Law does not explicitly recognize customary and traditional land rights, in practice these customary rights are mostly acknowledged if they have been registered. The State compliance policy allows land holders, if so they wish, to obtain an allocation of the lands they exploit by addressing a request to the Rural Council. This body holds the delegation of authority for allocation of these lands based on criteria previously defined by law notably the principle of ‘retention of the occupant’, which is in itself a provision National Domain Law.

The eligibility deadline corresponds with the actual start of the census operations. The project will make sure that fair and equitable compensation is provided for all losses incurred, with reference to the prevailing market rate and at full replacement cost.

Public information and consultation

The PIU will ensure that the PAPs are informed, consulted and given the opportunity to participate constructively in all stages of the resettlement process. Those who are affected by the resettlement measure will have a clear and transparent mechanism for handling complaints and possible conflicts: local mechanisms for amicable resolution; referral to local authorities; referral to the justice system as a last resort.

General principles and procedures of resettlement

The general principles that will guide all resettlement operations will take into account the following steps: fully involve in the participatory and consultation process the PAPs and their communities; duly inform project stakeholders as well as their communities; determine the sub-project(s) to be financed; if necessary, prepare a RAP; approve the RAP and implement the RAP. When necessary, the expropriation procedure to be applied includes: a request for expropriation; an expropriation plan and an order setting the content; a property survey and a declaration of public utility.