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RP1316 v1
REPUBLIC OF SENEGAL
__________
Société Nationale d’Électricité (SENELEC)
_______
ELECTRICITY SECTOR SUPPORT PROJECT (ESSP)
RESETTLEMENT POLICY FRAMEWORK (RPF)
SUMMARY
INTERIM REPORT
November 2011
Summary
1. The objectives of the Electricity Sector Support Project (ESSP) are
to increase the supply of electricity to the population and to the
economy as a whole, to reduce the costs of generation, transmission
and distribution of electricity, to improve the quality of service and the
commercial and financial performance of the sector.
2. The ESSP includes the construction/rehabilitation of infrastructure
and electrical equipment that may lead to land acquisition and
resettlement in terms of physical displacement or loss of
socioeconomic activities notably commercial, handicraft, agricultural;
loss of assets or means of production, of sources of income or means
of existence. The number of persons that may be affected is difficult to
estimate owing to the fact that the location of infrastructure and
equipment is not yet precisely known.
3. These potential negative impacts explain the triggering of OP/BP 4.12
on Involuntary Resettlement and the preparation of a Resettlement
Policy Framework (RPF).
4. The Resettlement Policy Framework (RPF) describes the objectives,
principles and procedures of land acquisition for the installation of
infrastructure deemed in the public interest. The RPF also clarifies the
rules applicable to the identification of persons that may be affected
by the implementation of the ESSP. It takes into account the
requirements of the World Bank safeguards policy OP 4.12 on
Involuntary Resettlement. The RPF also takes into account the
analysis of the economic and social consequences that may result from
the implementation of the components of the ESSP especially land
acquisition from vulnerable populations and the worsening of their
living conditions.
5. The activities of the ESSP may have impact on land and the means of
existence. The impacts that may affect land are the following:
permanent land acquisition, the destruction of crops, a limited
occupation of land and a temporary occupation of buildings to be
rehabilitated. On the means of existence, a loss of revenues may occur
for the persons who would have to stop their activities during the
construction phase of the project.
6. The estimation of the exact number of persons that may be affected by
the implementation of the project cannot be undertaken on a priori
basis. Nevertheless, it is possible to have a general idea of the
probable number of these persons. As an illustration, this number can
be estimated taking into account the component
rehabilitation/upgrading of the high, medium and low voltage
transmission and distribution lines, the number of projects, the
individual needs, real needs of the family, the approximate land area
necessary for the implementation of a sub-project. The number of
persons that could be affected could be more than 655. Overall, the
land requirements would be about 588.50 ha, affecting approximately
250 persons for the high voltage transmission line. 405 persons could
possibly be affected by the medium and low voltage lines. These
numbers are estimates that would need to be confirmed by detailed
social and economic studies.
7. The legal framework for the persons affected by the project is defined
by national laws and by Oprational Policy 4.12 of the World Bank. The
infrastructure to be built through the ESSP is public. They will be
located for the most part on public land managed by rural
communities.
8. The institutional framework for resettlement involves several
institutions : The Direction de l’enregistrement des domaines et du
timbre; the Direction du Cadastre ; the Commission de Contrôle des
Opérations Domaniales ; the Commission de conciliation ; the
Commission régionale d’évaluation des Sols; the Commission
départementale d’évaluation des impenses (or the Operational Group
put in place by the Governor for the Dakar Region); SENELEC, the
Commission nationale d’évaluation des Sols ; the Fonds de
Restructuration et de Régularisation Foncière ; the Fondation Droit à
la Ville.
9. Land for the project could be acquired in different ways depending on
its ownership status : private land could be acquired through
expropriation in the public interest following a formal procedure
against compensation in cash or in kind in some cases. The same
procedure is followed for land in urban areas. For Government land,
land acquisition for the project does not create any difficulty. Finally,
rural lands are managed by rural communities.
10. To the extent that the impacts on the population are minor, and this
is the case for the activities to be implemented under the ESSP in the
three areas (Category B project), a simplified resettlement plan is
required. Particular attention should be given to the needs of
vulnerable groups within the group of displaced persons. The
compensation for losses suffered should be fair and allow the affected
person to benefit from an assistance for resettlement.
11. The World Bank policy mentions that preference should always be
given to compensation in kind.
12. The comparison between the Senegalese legal resettlement
framework and OP 4.12 shows that there are areas where they
converge and areas where they diverge. However, in cases where the
two instruments do diverge, the rules and procedures of OP 4.12 have
precedence and apply.
13. The eligibility criteria for compensation are: (a) the holders of a
formal and legal right to a land, including customary or traditional
rights recognized by the laws of the country; (b) those that do not
have a legal right to a land at the beginning of the census but have
titles that are recognized of may be recognized by the laws of the
country, (c) irregular occupants. Persons in this category do not have a
right to compensation for loss of land. The beneficiary of an
involuntary resettlement program is any person affected by the
project who because of this draws right to compensation. By the
eligibility deadline, the ESSP should ensure that fair and equitable
compensation for losses suffered has been paid.
14. The ESSP should inform, consult and give the opportunity to
persons affected by the project to participate in all phases of the
process. The persons affected by a resettlement measure should have
at their disposal a clear and transparent complaint mechanism,
conflict management, access to local amicable conflict resolution
mechanisms, local authorities and as a last resort to the justice
system.
15. The general principles that will guide all resettlement operations
include the following four steps : information of local communities;
identification of the project(s) to be financed, if necessary prepare a
Resettlement Action Plan (RAP); approval of the RAP. The
expropriation procedure includes: A request for expropriation ; an
expropriation plan and a decision indicating the centent ; land survey ;
declaration of public interest.
16. The table below shows the responsibilities for the implementation
of expropriation.
N Actions required Responsibility
°
1 Preparation of RAP or Select Committee composed of CRSE, DREEC, IREF,
Simplified Resettlement URBANISME, SRADL with the regional
Plan (SRP) representations of SENELEC with liaison with local
authorities.
2 Approval of RAP or Expert in social sciences of the DQSE/Technical
SRP Committee/WB
3 Dissemination of RAP or SENELEC and local authorities concerned.
SRP
4 Evaluation of the RAP Expert inn social sciences. Socio-economic
Consultants.
5 Responsibility of the SENELEC, in liaison with the Ministry of Economy
decision of eventual and Finance (Services des Domaines)
transferability.
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