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Lekela Advisors Ltd.
Senegal
March 2017
Revision No. Date Description of Revision
Submitted By Submitted To Approved By
7 March 24, 2017 FINAL Annexes I to IV
Emily Nunn, rePlan-ERM
Jennifer Boca, Lekela Advisors Ltd.
rePlan, an ERM Group company, 110 Adelaide Street East, M5C 1K9 Toronto, Ontario, Canada T. 416.593.6619 F. 416.583.1550 | www.replan.ca
Taiba N’Diaye Wind Project
LIVELIHOOD RESTORATION PLAN
Taiba N’Diaye Wind Project LIVELIHOOD RESTORATION PLAN - DRAFT
TABLE OF CONTENTS
1.0 INTRODUCTION 1
1.1 Purpose 1 1.2 Parties and Process 1
2.0 PROJECT DESCRIPTION 3
2.1 Project Description 3 2.2 Project Land Requirements 4
3.0 LEGAL AND INSTITUTIONAL FRAMEWORK 6
3.1 Senegalese Legislative Framework 6 3.1.1 Constitution of the Republic of Senegal 6 3.1.2 Energy Sector Development Policy 6 3.1.3 Environment Code 6 3.1.4 Land Tenure and Transactions 7 3.1.5 Securing Land Access 9 3.1.6 Expropriation 10
3.2 International Standards 10 3.2.1 IFC Performance Standards on Social and Environmental
Sustainability 10 3.2.2 Corporate Principles and Standards 11
3.3 Harmonization of National and International Standards 12
4.0 BASELINE CONDITIONS 17
4.1 Socio-economic Data Sources 17 4.2 Summary of Baseline Conditions 17 4.3 Demographic Overview 18 4.4 Health Care 18 4.5 Education 19 4.6 Water and Electricity 19 4.7 Road Network and Transport 20 4.8 Cultural Heritage 20 4.9 Agriculture and Trade 20
5.0 DISPLACEMENT IMPACTS 22
5.1 Overview 22 5.2 Project Affected Parties 22 5.3 Scope of Displacement 24 5.4 Other Considerations 26 5.5 Summary 26
6.0 STAKEHOLDER ENGAGEMENT 28
6.1 Consultation Record 28 6.2 Summary of Feedback 28
6.2.1 Impacts and Entitlements 28 6.2.2 Livelihood Restoration 29
7.0 ELIGIBILITY AND ENTITLEMENTS 30
Taiba N’Diaye Wind Project LIVELIHOOD RESTORATION PLAN - DRAFT
7.1 Eligibility Policy 30 7.2 Entitlement Policy 30 7.3 Compensation Rates 32
7.3.1 Departmental Commission Findings 32 7.3.2 Project Commitments 33
8.0 LIVELIHOOD RESTORATION PROGRAMS 35
8.1 Program A: Business Skills Session 35 8.2 Program B: Mitigation for Lost Farmland 36
8.2.1 Subprogram B-1: Agricultural Intensification through Irrigation 36 8.2.2 Subprogram B-2: Transitional Allowance 38
8.3 Program C: Mitigation for Lost Fruit Trees 39 8.4 Summary of Additional Livelihood Restoration Programs 39 8.5 Additional Economic Development Support 40
9.0 SUPPORTIVE PROGRAMS 42
9.1 Vulnerable Support Program 42 9.1.1 Vulnerability Context 42 9.1.2 Implementation 43
9.2 Monitoring and Evaluation 43 9.2.1 Monitoring 44 9.2.2 Evaluation 44
10.0 GRIEVANCE MANAGEMENT 46
10.1 Principles 46 10.2 Project-Wide Grievance Mechanism 46 10.3 Grievances Related to Livelihood Restoration 48 10.4 Implementation 51
10.4.1 Roles and Responsibilities 51 10.4.2 Awareness and Accountability 51
11.0 ROADMAP AHEAD 52
11.1 Validation and Finalization of LRP 52 11.2 Implementation of Finalized LRP 53
11.2.1 Appointment of Livelihood Restoration Team 53 11.2.2 Updated household survey 54 11.2.3 Agreements 54 11.2.4 Payment of Compensation 55 11.2.5 Detailed livelihood restoration programming 55 11.2.6 Development of Supportive Programs 55
11.3 Work Plan and Schedule 56
ANNEX I 58
ANNEX II 62
ANNEX III 66
Taiba N’Diaye Wind Project LIVELIHOOD RESTORATION PLAN - DRAFT
LIST OF TABLES
Table 1 - Total Number of PAPs 23
Table 2 - Loss of Total Land Holdings 25
Table 3 - Summary of Revenue Loss 25
Table 4 - Summary of Displacement Impacts 27
Table 5 - Entitlement Matrix 31
Table 6 - Compensation Rates by Tree Type 32
Table 7 - Summary of Rates Proposed by Agronomist 33
Table 8 - Additional Compensation for Fruit Trees 33
Table 9 - Estimated Cost of Business Skills Course 36
Table 10 - Estimated Costs for 0.1 ha of Irrigated Garden 37
Table 11 - Estimated Costs for Transitional Allowance 38
Table 12 - Estimated Costs for Compensating Loss of Adult Fruit Trees 39
Table 13 - Summary of Proposed Livelihood Restoration Programs 40
Table 14 - Grievance Mechanism Adjustments for Livelihood Restoration 48
LIST OF FIGURES Figure 1 - Map of Northwest Senegal 3
Figure 2 - Map of the Proposed Project Area 5
Figure 3 - Map of villages in Project's extended area of influence 17
Figure 4 - PETN Grievance Resolution Procedure 47
Figure 5 - LR Organizational Chart 54
Figure 6 - Work Plan and Schedule 56
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1.0 INTRODUCTION
1.1 Purpose
The Taiba N’Diaye Wind Project (hereafter referred to as “the Project”) will involve the
installation of a 151.8 MW wind farm in Northwest Senegal. Once built, the Project will be the
first wind project in Senegal and the largest wind project in West Africa.
With 46 wind turbines and 34 km of access roads inside a total Project Footprint of
approximately 66 hectares, the Project will result in economic displacement as a result of land
acquisition and restrictions on land use for 409 Project-affected parties (PAPs), who own or use
a total of 423 land parcels.
This document – the Livelihood Restoration Plan (LRP) for the Project – has been developed to
guide the land acquisition process, to ensure that displacement impacts are managed
effectively, in keeping with Senegalese practices and international standards and in full
consultation with those affected, and to facilitate the full restoration of the livelihoods, income,
and quality of life of those affected.
1.2 Parties and Process
The Project was launched in 2008 by Sarreole SARL, a renewable energy company based in
France. Between 2008 and the present, extensive work was carried out to identify the land
acquisition needs and impacts of the Project. The procedures followed for acquiring and
securing land for the Project are detailed in Section 10.1.3 of the Project’s ESIS Addendum
(2015).
An assessment of impacted land parcels was carried out by the Departmental Commission for
the Evaluation of Financial Compensation for the Taiba N’Diaye Wind Park between August
2014 and January 2015. The Commission set compensation rates for affected agricultural land,
as well as affected fruit trees and wild trees. The results of the Commission’s assessment were
published in the Commission’s final report in July 2016.
To validate the findings of the Commission’s assessment and to assess overall impacts of the
Project on individuals – hereafter referred to as Project Affected Persons (PAPs) – the Project
commissioned the local consulting firm Labosol to conduct a household survey in July and
August 2015. The results of Labosol’s survey are presented in the Rural Cadastre Report
(September 2015).
Lekela Advisors Ltd., a pan-African renewable energy generation platform, acquired the
development rights to the Project in June 2016. Lekela engaged rePlan, an ERM Group
company in August 2016 to develop a LRP for the 66 ha land take required for development of
the Project.
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The LRP is intended to build on the foundation of work completed to date and complement
existing processes to optimize resources and reduce complication for stakeholders. rePlan was
instructed to prepare the LRP based as much as possible on existing information, and began
the process with a comprehensive review of background documentation, including:
ESIS Addendum and Annexes (2016) prepared by Ramboll Environ and EES;
Draft Due Diligence Report (2016) prepared by Mott MacDonald;
Report of the Departmental Commission for the Evaluation of Financial Compensation
for the Taiba N’Diaye Wind Park (2016);
Revised Initial Stakeholder Engagement Plan (2015) prepared by Ramboll Environ;
Land Compensation Assessment Report (2015) prepared by Labosol;
Rural Cadastre Report (2015) prepared by Labosol;
PETN Land Acquisition Procedure (2015);
PETN Biodiversity Supplementary Memo (2015) prepared by Ramboll Environ;
Lekela Community Investment Strategy; and,
Local Development Plan for the Commune of Taiba N’Diaye (2013-2018).
Based on the background review and the firm’s experience with livelihood restoration in rural
communities in Senegal, rePlan drafted two preliminary options for livelihood restoration
programs that would build on traditional economic activities and local capacities in the Project
area. With the support of the Project Team and their contractor, Engineering & Environmental
Services (EES), rePlan carried out targeted consultation with PAPs, key stakeholders, and
relevant government authorities, as documented in Section 6. The consultation allowed rePlan
to confirm the scope of economic displacement and collect feedback on the proposed livelihood
restoration programs, which are detailed in Section 7.
The present document represents a Draft LRP, which has been submitted to Lekela Advisors
Ltd. and the Project Lenders. Their feedback, as presented in the Mott MacDonald Report
(September 2016) has been incorporated and rePlan shared the resulting version (Rev 3) with
local authorities and affected communities to validate the findings and recommendations, as per
the process outlined in Section 11. The updated Draft LRP (Rev 4) included updates based on
initial feedback and was the version presented at the final validation meeting of the Multi-
Stakeholder Forum. The present document represents the validated and finalized LRP for the
Project.
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2.0 PROJECT DESCRIPTION
2.1 Project Description
The Project is located in the Municipality of Taiba N’Diaye, which falls within the district of
Méouane and department of Tivaoune in the Thiès region. Thiès is one of 14 administrative
regions in Senegal and is located approximately 70 km to the northeast of Dakar. The region
comprises three departments, including Thiès, Mbour and Tivaouane. The department of
Tivaouane includes the districts of Méouane, Niakhène and Pambal. The Municipality covers an
area of 155 km2 and includes 35 villages.
The town of Tivaouane, which is the central town within Méouane, is located approximately 10
km from Taiba N’Diaye. Tivaouane is situated along the main road between Dakar and Saint-
Louis, approximately 90 km from the capital of Dakar.
Figure 1 - Map of Northwest Senegal
Source: Google Maps, 25 August 2016
The Project involves the installation of a 158.7 MW wind farm with a total of 46 wind turbines
and access roads inside a total project footprint of approximately 66 hectares. Once built, the
Project will be the first wind project in Senegal and the largest wind project in West Africa. It is
estimated the wind farm will generate more than 400 GWh per year for 20 years during the
production phase at rated power.
Within the Project footprint, the wind turbine cluster is organized across five rows that cover a
total surface area of approximately 7 hectares. The rows are connected to the departmental
road (D702) by a series of access roads.
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Project construction includes three phases. The first two phases include 16 wind turbines with a
final phase of 14 turbines. The current Project schedule estimates a total construction period of
22 months.
2.2 Project Land Requirements
A total of 7 hectares of State land is required in order to erect the Project’s 46 wind turbines,
including the area required for turbine foundations and construction (i.e. crane hoisting). This
land will be secured through long-term lease agreements (baux emphytéotiques) with the State
of Senegal.
Other project infrastructure (including access roads, cable paths, storage areas, and
overhanging rights) will require an additional land take of approximately 59 hectares The Project
sponsor will enter into easement agreements (servitudes) with the State of Senegal to secure
land access. 14 hectares of these lands will acquired as a temporary land take, as they are
required during the construction phase only.
Additional lands will be required for the Project substation and energy delivery facilities. These
lands are owned by the national energy company, SENELEC, and rights to acquire these plots
of land will be secured through them.
To ensure compliance with Environmental, Health and Safety (EHS) guidelines, dwellings are
prohibited in the area surrounding the Project. Technical analysis previously conducted for the
project indicates that a protection area of 500 meters from each turbine will enable the Project to
meet these EHS guidelines. The protection area must be defined through Ministerial Order as
per the Senegalese Code de l’Environnement. rePlan has been informed that studies are
ongoing to determine land use restrictions within the protection areas and as such these areas
are not included in the present LRP.
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Figure 2 - Map of the Proposed Project Area
Source: PETN ESIS Addendum 2015
Additional land will need to be acquired for the construction of an access road required for the
transportation of equipment to the project site. The Project Team has committed to applying the
same procedure of measurement and enumeration to any additional land parcels that was
followed for those in the 66 ha that has been assessed to date, and to undertaking consultation
with any additional PAPs regarding impacts and entitlements. Any such additions will need to be
incorporated in to the calculation of financial compensation and the implementation of the
livelihood restoration programs.
The land take associated with this LRP is expected to be complete in early 2017, with the
signing of definitive compensation agreements, the delivery of compensation entitlements, and
the initiation of livelihood restoration programs, along with the implementation of supportive
programs to follow shortly thereafter (see the Work Plan in Section 11.2).
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3.0 LEGAL AND INSTITUTIONAL FRAMEWORK
3.1 Senegalese Legislative Framework
The following sub-sections summarize the key provisions of national law pertaining to the
mitigation of impacts related to the development of a renewable energy project in Senegal.
3.1.1 Constitution of the Republic of Senegal
The Constitution of the Republic of Senegal was adopted in 2001. The Constitution defines the
political and administrative organization of the State and assigns the roles and responsibilities of
the executive, legislative and judicial branches. Constitutional rights and norms relevant to this
document include the right to private property (Article 8), expropriation in the case of public
necessity legally ascertained and subject to fair and prior compensation (Article 15), and equal
rights to property for men and women (Article 15).
3.1.2 Energy Sector Development Policy
The Energy Sector Development Policy Letter (LPDSE), published in 2012, specifically outlines
the Government’s approach to energy sector development. It outlines the current realities and
constraints within the sector and sets out a vision and goals for change. The LPDSE promotes
increased access to safe energy for all in order to support strong economic growth and
equitable social development. The approach to realizing this goal includes increased
development of and competition within the energy sector across a range of diverse technologies
that include coal, gas, hydro-electric power, wind energy and solar power.
The Ministry of Energy governs the country’s national electricity company – SENELEC.
SENELEC – or the Senegal National Electricity Company - was created by Law 83-72 of 5 July
1983 and was converted into a majority State-owned limited company by Law 98-06 in 1998.
Under Articles 10 and 36, SENELEC has control of the concession for the production
transmission, distribution and sale of electric power. In 2013, SENELEC signed an Energy
Purchase Contract (CAE), which states SENELEC’s agreement to purchase all of the electric
power generated by the Project at a price agreement by the parties and to be amended during
the 20 year contract.
3.1.3 Environment Code
The Law on the Environment Code and accompanying Decree of 2001 set out rules and
procedures for any project that may have an impact on the environment. Impacts to be
considered include not only biophysical impacts, but also social impacts; impacts on human
health, welfare and needs; impacts on renewable and non-renewable resources; and,
displacement impacts (Decree Article 39).
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Projects having an environmental impact are subject to either an authorisation or a declaration,
depending on the severity of the impacts and the risks associated with the project (Law Articles
10 and 11).
For projects of less severe impacts (deemed second class projects), requiring a declaration, the
Minister may issue technical regulations for specific categories of installations (Law Article 18).
Article 6 of the Law reaffirms that responsibility for matters of the environment and natural
resources has been decentralised to the regions and local governments, as provided by the
1996 law on decentralisation. However, the Law and Decree do not make clear how this
principle is to be applied in practice. On the other hand, Article 27 of the Decree allows the
Minister to delegate the power of granting authorisations or receiving declarations to the
Governor of a Region, where regional services for the environment exist.
Any project or activity that may have an impact on the environment is required to carry out an
impact assessment, as part of the authorisation or approval process (Law Chapter 5). In the
Decree (Article 9), it is specifically stated that projects of the first class must be preceded by an
impact assessment.
Article 48 of the Law states that the impact assessment procedures should aim to avoid and to
minimize any negative impacts, and if appropriate provide for public participation in the process.
Article 51 goes further to state that the impact assessment must include the proposed measures
to avoid, reduce or compensate any negative impacts, as well as the cost of these measures.
Similar language is used in Article 10 of the Decree.
3.1.4 Land Tenure and Transactions
Land in Senegal falls into three main categories, regulated by different laws:
Land in the national domain, governed by Law No. 64-578 (1964) and its decree of
application. This category covers the vast majority of land in Senegal, particularly in rural
areas.
Land in the state domain, governed by Law No. 76-66 (1976) and its decree of
application. Under this law, the state domain comprises the public domain and the
private domain. In this case, ‘private’ refers to the private domain of the state, not private
property of non-state entities.
Private land that is non-state land. Land registered to individuals and other non-state
entities is still governed by the French Civil Code, and a colonial-era decree of 1932,
which sets out the process of registering private land.
Senegal‘s national domain lands are in turn subdivided into four categories:
1. Urban Areas (zones urbaines) – urban areas or commune lands;
2. Classified Areas (zones classes) – land that is governed by specific statutes, such as
classified forests, national parks, and other government protected areas;
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3. Rural Areas (zones de terroir) – lands that were regularly used, at the date of publication
of the 1964 law on the national domain, for agriculture, pasture, and rural settlement,
and non-classified forests; or,
4. Pioneer Areas (zones pionnières) – all remaining land, including areas intended for
major development projects.
Nearly all land within the Project exploration permit area falls within the designation of national
domain, and specifically Rural Areas.
According to the 1964 law (64-46) on the national domain, the state owns all lands in the
national domain so as to ensure their rational and productive use in conformity with its land use
and development plans.
Rural Areas are therefore managed under the authority of the state by the Rural Councils. The
decree for application (64-573) sets the conditions by which Rural Area lands are allocated.
Under this decree, the Rural Council has the power to allocate and re-allocate lands conditional
on the productive use of those lands. Lands are allocated to residents of rural communities,
following deliberation by the Rural Council and approval of the deliberation by the Sub-Prefect.
Land can be allocated directly to an individual or to a collective. Allocated land cannot be
transferred. Allocation takes place for an undetermined period of time and confers usage rights
on the user of the lands in question. Land allocation ends with the death of the physical person
or with the dissolution of the collective to which the land has been allocated (Article 20).
However, lands may also be inherited by the heirs of the deceased, within the limits of their
operating capacity, and providing that the subdivision of the land does not result in the creation
of economically unviable parcels (Article 22).
Under Article 20, land can be re-allocated or decommissioned at any time, at the request of the
assignee, or automatically one year following the provision of notice for any of the following
reasons:
Insufficiency of productive uses;
The resident has ceased to reside or to personally assure the productive use of the land;
The Rural Council decides, under the approval authority of the Governor, that the public
interest demands an alternate allocation (in this instance the assignee of the parcel in
question must receive an equivalent parcel as compensation); or
Through a deliberation adopted by a three-quarters majority of its members and
approved by decree, the Rural Council decides on a general revision to land allocations
to respond to changing demographic, cultural or economic conditions.
If reallocation of land occurs, the new landholder must pay the previous landholder
compensation equal to the value of built improvements and planted crops estimated on the day
that the new allocation is pronounced (Article 23).
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New members of the rural community can be allocated land not previously allocated, or re-
allocated lands by paying a rural levy and the compensation outlined in Article 23 (Article 21).
Within the Project’s area of interest, most land is categorized as Rural Area that has not been
titled or formally allocated by government-mandated procedures. These lands are therefore
administered locally by a Rural Council for the benefit of local people. Rural Areas are not
subject to private ownership; land is allocated by the Rural Council to individuals or households
based on a traditional land tenure system. Any land acquisition process in rural areas of
Senegal must take into account both the legal procedures and the traditional system of land
rights.
SENELEC currently owns land within the Private Domain in the area required for the Project
substation and energy delivery facilities.
3.1.5 Securing Land Access
Registering land within the National Domain in order to proceed with an industrial project first
requires that the land be registered in the name of the State following a declaration of public
utility.
Upon registration, long-term leases are available from the State of Senegal. Long-term leases
are offered on a 30-year basis, with an option of an additional 20-year term upon renewal. The
terms of the lease require that lessees make improvements to the land within a specified period
and that the cost of these improvements be borne solely by the lessee (along with all land,
property and other applicable taxes). During the term of the lease, State agents are authorized
to inspect and monitor the lessee’s progress against lease obligations. The lease may be
terminated at any time by the State if the lessee does not meet the conditions of the lease.
Once a lease is in place, leaseholders have an option to acquire ownership and land title (titre
foncier).
Easements can be directly negotiated with local authorities who have management oversight
lands within the National Domain (i.e. Rural Councils); however, to ensure greater
enforceability, easements may also be requested from the State after National Domain lands
have been registered. Once registered with the appropriate land registry, easements grant a
real right (droit réel) to the land user.
A construction lease is required from SENELEC for the Project substation area. Construction
leases can be entered into directly with the landowner and grant a real right to land on condition
that the lessee undertake construction as per the terms and conditions of the lease. The terms
and conditions of a construction lease are currently being negotiated with SENELEC.
Based on the needs of the Project described above, the formal process for securing land lease
rights is as follows (this procedure is drawn directly from the Project’s Land Regime &
Acquisition Memo):
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1. Request and obtain a favourable opinion from the Rural Council of Taiba N’Diaye for allocating the land to the Project;
2. Public utility declaration of the Project and registration requirement;
3. Presidential decree including de-allocation of the relevant land area, determination of compensation amount for PAPs and ordering its payment or deposit and authorization to take possession of the relevant land area;
4. Land registration in the State’s Private Domain;
5. Reassignment of the land to the Project with a long-term lease contract between the State of Senegal and the Project; and
6. Registration of the long-term lease contract with the relevant land registry.
3.1.6 Expropriation
The 2001 Constitution guarantees citizens the right of property, protecting it from infringement
except in cases of public necessity. Government expropriation of land requires a showing of
public necessity and payment of just compensation, which includes actual cost and earned
value.
Decree No. 77-563 of 3 July 1997 outlines the expropriation procedure under which the state
can expropriate land for public utility, subject to fair and prior compensation. The law provides
for establishment of a Conciliation Commission that is responsible for seeking an amicable
agreement with the affected parties on the amount of compensation, in accordance with rules
provided in the law. If the parties are unable to agree on an amount, an expropriation judge
delivers a ruling. Either party can request the services of an evaluation expert, but once the
expropriation judge rules, only limited grounds for appeal exist. Separate laws provide
streamlined procedures for certain land expropriations, such as land-takings for regularization
and upgrading of informal settlements.
Where the expropriation of land will result in displacement, the law requires a resettlement plan
to be produced. The law is not explicit as to whether this refers to economic displacement or
only to physical displacement, though in practice, it is typically seen by local practitioners and
authorities to apply only to physical displacement.
3.2 International Standards
3.2.1 IFC Performance Standards on Social and Environmental Sustainability
The IFC Performance Standards are a widely accepted framework for managing impacts and
risks associated with private sector development projects, and are complementary to national
regulations. Increasingly, adherence to the IFC Performance Standards is a requirement of
public and private lending institutions as a precondition to financing. The PSs most relevant to
this document are described briefly below.
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PS 1: Assessment and Management of Environmental and Social Risks and Impacts
PS 1 describes how environmental and social issues are to be managed in project development
and serves as the core around which the other standards are framed. Among other things, this
PS requires that nearby communities be appropriately engaged on issues that could potentially
affect them. Key requirements to this end include:
Conducting an informed consultation and participation process with affected
communities;
Working in an inclusive and culturally appropriate manner;
Addressing the needs of disadvantaged or vulnerable groups; and,
Making available an effective grievance management system.
PS 5: Land Acquisition and Involuntary Resettlement
PS 5 describes how to manage physical and economic displacement through resettlement and
livelihood restoration processes. Objectives are to:
Avoid or at least minimize involuntary displacement wherever feasible;
Avoid forced evictions;
Mitigate impacts from land acquisition, by providing compensation for loss of assets at
full replacement cost and ensuring that livelihood restoration and resettlement activities
are implemented with appropriate stakeholder engagement;
Improve or at least restore the livelihoods and standards of living of those displaced;
and,
Improve living conditions among those physically displaced through the provision of
adequate housing with security of tenure at resettlement sites.
Among other requirements, PS 5 directs project proponents to:
Prepare a resettlement of livelihood restoration framework “where the exact nature or
magnitude of land acquisition or restriction on land use related to a project with potential
to cause physical and/or economic displacement is unknown due to the stage of project
development”;
“Avoid expropriation and eliminate the need to use governmental authority… through the
use of negotiated settlements… even if [proponents] have the legal means to acquire
land without the seller’s consent”; and,
“Bridge the gap” between IFC requirements and national requirements to ensure that
IFC requirements are met.
3.2.2 Corporate Principles and Standards
Lekela Advisors Ltd. has generally adopted the IFC Performance Standards as an appropriate
benchmark of international good practice. These are supplemented as required by reference to
the Voluntary Principles on Security and Human Rights. In addition, Lekela has follows the IFC
Environmental, Health, and Safety (EHS) General Guidelines (IFC, 2007a) and EHS Guidelines
for Wind Energy (IFC, August 2015), the ISO 14001 environmental management system
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standard, and the OHSAS 18001 occupational health and safety (OHS) management system
standard.
As outlined in the ESIS Addendum, the Project has developed an Environmental and Social
Management System (ESMS), which will govern the way it operates with respect to key issues.
The ESMS will provide oversight to activities conducted by the Project Team and all contractors
and sub-contractors over the full life cycle of the Project.
3.3 Harmonization of National and International Standards
A detailed comparative analysis of Senegal’s regulations and the IFC Performance Standards is
provided below, together with the proposed approach of the Project to bridging the two.
TOPIC SENEGALESE
REQUIREMENTS
INTERNATIONAL
STANDARDS & BEST
PRACTICES
PROPOSED APPROACH
Land Acquisition,
Expropriation and
Negotiation
Government expropriation of
land requires demonstration
of public necessity and
payment of just
compensation, which
includes actual cost and
earned value (Decree No. 77-
563 of 3 July 1977). The law
on expropriation also requires
the government to seek an
amicable settlement with
affected parties on
compensation, before
resorting to a judicial ruling.
Negotiated settlements
between project advocate
and affected party concerning
compensation for land
acquisition are prioritized in
the Mining Code Art. 93, and
The National Domain
Application Decree No. 64-
573 Art. 25.
PS5 encourages the use of
negotiated settlements to
avoid expropriation and
forced evictions.
Expropriation is only to be
used as a last resort, if good
faith negotiations fail and
those affected reject
compensation that meets the
requirements of PS5.
Project should work with
the State to agree on a
process that is based on
good faith negotiations, and
only resorts to
expropriation if there is no
other option.
Scope of
Displacement
The Environment Code
requires that the impact
assessment process should
include measures to avoid
and reduce impacts,
including displacement
impacts (Articles 48 and 51),
PS5 requires proponents to
avoid, and when avoidance is
not possible minimize
displacement by exploring
alternative project designs.
Project should study
technical alternatives and
takes steps during project
design to reduce physical
and economic
displacement to a
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TOPIC SENEGALESE
REQUIREMENTS
INTERNATIONAL
STANDARDS & BEST
PRACTICES
PROPOSED APPROACH
and should present project
variations and alternatives
(Decree Article 10).
minimum.
Preparation of a
Plan
The Environment Code
requires the impact
assessment to consider
social and displacement
impacts (Decree Article 39
and Annexe 1) and to present
compensation measures
(Law Article 51 and Decree
Article 10). In the case of
displacement and
resettlement, a category 1
(in-depth) impact assessment
is required (Decree Article 40
and Annexe 1).
The law on expropriation also
requires the preparation of a
resettlement plan where
displacement is involved.
PS5 requires proponents to
prepare a Resettlement Plan
or Livelihood Restoration
Plan, as the case may be.
Project should prepare a
Livelihood Restoration Plan
to address economic
displacement. The Plan
should include such
reporting as is required by
the Environment Code
within the Project’s impact
assessment.
Consultation Under Law 76-67 of 2 July
1976, a declaration of public
utility for expropriation is
preceded by a study which is
publicly announced and into
which all stakeholders may
contribute.
The Environment Code refers
in several articles to public
participation (including
information, consultation and
public audiences) and
involvement in decision-
making.
PS5 requires that livelihood
restoration / resettlement
activities are implemented
with appropriate disclosure of
information to, and the
informed consultation and
participation of those
affected. Such processes
must ensure that the
perspectives and interests of
women and other vulnerable
groups are adequately
considered.
Project should implement
consultation and disclosure
programs according to IFC
guidelines.
Project should engage
proactively with all those
affected by land acquisition
to plan and implement
livelihood restoration
activities, using a variety of
culturally appropriate
engagement techniques.
Livelihoods and
Standards of
Living
The Mining Code and Laws
on National Domain and
Expropriation focus on
compensation for legally
recognized assets, and does
not specifically consider
Project impacts on livelihoods
and standards of living are
the central focus of PS5.
Compensation for loss of
assets must be at full
replacement cost.
In addition to compensation
for lost assets, Project
should prepare and
implement a livelihood
restoration program
consistent with IFC
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TOPIC SENEGALESE
REQUIREMENTS
INTERNATIONAL
STANDARDS & BEST
PRACTICES
PROPOSED APPROACH
livelihoods or standards of
living.
The Environment Code and
Decree define environmental
impacts to include social and
human welfare impacts, as
well as impacts on the use of
natural resources (Law
Article 2; Decree Article 39).
Proponents must provide
other assistance to improve
or at least restore livelihoods
and standards of living,
including security of tenure
for those physically
displaced.
standards. The Project
should aim to achieve
improved livelihoods and a
higher standard of living for
displaced persons.
Vulnerable
groups
Senegalese constitution
reinforces the right of women
to the improvement in their
living conditions, access to
healthcare and well-being.
Article 10 of Law 76-67 of 2
July 1976 specifies that if the
assets of minors or other
people who for any reason
cannot participate in the
tribunal for deciding
compensation in the absence
of an amicable settlement, a
representative can be named
to participate on their behalf.
PS5 requires paying
particular attention to the
impacts on vulnerable.
Persons identified as
vulnerable should be assisted
to participate fully in – and
benefit fully from – the
livelihood restoration and
resettlement process. Extra
care must be taken to ensure
such groups are left better
off, or at least no worse off.
The Project should identify
groups and individuals who
may be more particularly
affected by physical and
economic displacement.
Comprehensive assistance
measures to vulnerable
persons should be
elaborated as part of a
Vulnerables Persons
Program.
Grievances Under the law on
expropriation, there are
limited provisions for appeal
of a ruling on compensation.
PS5 requires the
establishment of an effective
grievance mechanism, which
seeks to resolve concerns
promptly, using an
understandable and
transparent process that is
culturally appropriate, readily
accessible, at no cost to the
party that originated the
concern, and does not
impede access to judicial or
administrative remedies.
Project should implement
and publicize an accessible
grievance procedure
consistent with international
standards.
Participants should have
recourse to the judicial
system at any time.
Cut-Off Date and
Eligibility
Under Decree 64-573 of 30
July 1964 the cut-off date is
established on the date that
PS5 requires that a cut-off
date only be declared
following appropriate
Project should seek
agreement for a cut-off
date through consultation
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TOPIC SENEGALESE
REQUIREMENTS
INTERNATIONAL
STANDARDS & BEST
PRACTICES
PROPOSED APPROACH
the new land allocation is
pronounced.
Under Law 76-67 on
expropriation, Art. 20, the cut-
off date is established on the
date of the inventory report
that describes all of the
assets in place on the date of
the inventory. Also,
speculative improvements
carried out after the
expropriation process has
been initiated are not eligible
for compensation.
disclosure and consultation.
PS5 considers people eligible
for compensation if they have
a legitimate interest in
immoveable assets located in
the land take area that was
established as of the cut-off
date. Legitimate interest is
not synonymous with
ownership, but rather
encompasses formal legal
ownership and use rights,
customary ownership and
use rights that are
recognizable under national
law; and unrecognisable
rights or claims.
with Project-affected
people.
Project should consider as
eligible, all those people
with a demonstrated
interest in the affected
assets, whether legally
recognized or not.
Entitlements Under Article 20 of Decree
No 64-573 of 30 July 1964, it
is possible to re-allocate
occupied lands within the
national domain, provided
that equivalent in-kind
compensation is provided.
According to Law 76-67 of 2
July 1976 under conditions of
expropriation, in-cash
payment is the only
entitlement envisioned. The
law contains limited
instructions on determining
the amount of compensation.
The Environment Code
requires compensation
measures for impacts in a
more general sense as part
of the impact assessment
(Law Article 51; Decree
Article 10).
Compensation for loss of
assets is provided at full
replacement value.
Recognised and recognisable
ownership rights are
compensated equally with full
replacement value. Payment
of in-kind compensation is
generally preferred over in-
cash compensation.
Those without legally
recognizable claims to land
will be entitled to
compensation at full
replacement value for lost
crops and other
improvements to land.
For physically displaced
persons, compensation must
improve living conditions
through the provision of
adequate housing with
security of tenure at
resettlement sites.
Project should compensate
for all affected immoveable
assets at full replacement
value.
Project should propose in-
kind compensation in any
case where cash
compensation carries a
significant risk of loss of
livelihoods or standard of
living.
Project should provide
security of tenure on any
replacement land, housing
or other assets.
Gender and Senegalese constitution PS5 requires that women’s Project should investigate
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TOPIC SENEGALESE
REQUIREMENTS
INTERNATIONAL
STANDARDS & BEST
PRACTICES
PROPOSED APPROACH
Eligibility/
Entitlements
gives men and women equal
rights to gain possession of
and own land subject to
conditions determined by the
law.
No specific mention of
women in laws concerning
allocation / reallocation of
national domain lands or
expropriation.
perspectives are obtained
and their interests factored
into all aspects of
resettlement planning and
implementation.
and implement culturally
appropriate means of
integrating women’s
perspectives and interests
into livelihood restoration
and resettlement planning.
Project should also consult
with affected persons to
determine appropriate
measures for ensuring men
and women are equally
considered for eligibility
and entitlements.
Timing of
Compensation
No timing provided in Decree
No. 64-573 of 30 July 1964.
Under Law 76-67 of 2 July
1976, pertaining to
expropriation processes, the
timing of compensation and
transfer of possession is set
out in a Decree.
The client will take
possession of land and
related assets only after
compensation has been
made available and, where
applicable, resettlement sites
and moving allowances have
been provided to the
displaced persons in addition
to compensation.
Project should occupy land
only after individual
compensation / livelihood
restoration agreements
have been signed; and
after implementing any
activities which are
required by those
agreements to be
implemented before
occupying the land.
Monitoring and
Evaluation
Not included in Senegalese
legislation
Monitoring and evaluation
must form a component of all
livelihood restoration and
resettlement action plans.
Project should implement a
monitoring and evaluation
program throughout the
resettlement process, with
the participation of affected
people.
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4.0 BASELINE CONDITIONS
4.1 Socio-economic Data Sources
Data in this section has been summarized from the Rural Cadastre Report (September 2015),
ESIS Addendum (June 2016), and the Draft Due Diligence Report (April 2016). The ESIS
Addendum draws on a number of data sources in its analysis of socio-economic baseline
conditions, including:
2013-2018 Local Development Plan (PLD) (prepared in 2013);
2003 data provided by the Méouane Local Development Support Centre (CADL); and,
2011 data from the administrative census of the population (conducted in 2011).
4.2 Summary of Baseline Conditions
In July and August 2015, Labosol carried out household surveys with all the affected PAPs
residing in 27 villages in the municipalities of Taiba N’Diaye, Noto Gouye Diama, and Darou
Khoudoss.
Figure 3 - Map of villages in Project's extended area of influence
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The household survey forms included a range of questions related to the size, makeup, land
holdings, economic activities, and compensation preferences of each PAP. The household
survey draws a common picture of rural communities in Senegal: large households, highly
dependent on rain-fed agricultural, with small-scale additional livelihood activities, such as
animal rearing and the sale of produce. Results of the household survey are provided in the
Rural Cadastre Report (September 2015).
Importantly, the Labosol survey did not constitute a complete socio-economic baseline of those
affected for the purposes of (a) monitoring and evaluating the results of land acquisition and
livelihood restoration process, and (b) adapting supportive programs to better meet their goals
and objectives. Accordingly, the Implementation Roadmap described below includes design and
implementation of a short, targeted household survey, as part of the individual agreement-
making process. This survey will include a full census, as well as a small number of key
performance indicators jointly selected by those affected and the Project, which will guide
monitoring and evaluating activities moving forward.
4.3 Demographic Overview
The ESIS includes population statistics for the DIA within the Municipality of Taiba N’Diaye for
the 2003-2012 period. During this time, the municipal population had an average annual growth
rate of about 2.4%, which is lower than the national average of 3%. Between 2003 and 2011,
the municipal growth rate for men (2.8%) was higher than that of women (1.5%). The average
annual growth rates within villages where PAPs reside are variable, ranging from -2.6% (in
Taiba N’Diaye village) to 7.8% (in Sam N’Diaye village). Villages within the DIA also display high
variability in male and female population growth rates. Average annual growth rates for male
populations within villages are in line with the overall averages noted above, falling between
-2.5% and 7.1%. For women, the range is much wider, falling between -6.8% and 41.9%.
4.4 Health Care
Large centres (e.g. Dakar) offer the most comprehensive health care services in Senegal. A
network of regional, district and individual health centre and health post services throughout the
country.
Health posts are located within each municipality, with less formal health huts and maternity
units located in rural areas. Typically, patients first access health care services at health huts in
rural areas. Depending on the severity of the issue, patients may then be referred to the nearest
health post, and if necessary, to a health centre or hospital.
Two health posts currently exist within the municipality of Taiba N’Diaye. One is located in Taiba
N’Diaye and the other in Mbayene. The latter health post was found to be non-functional during
a survey in support of the 2013-2018 Local Development Plan (2013-2018 PLD). Health huts
are present in four other villages including Taiba Mbaye, Ndomor, Thiallé and Keur Madiagne.
Rural maternity units are stationed at Taiba N’Diaye and Mbayene 3. A single pharmacy serves
the municipality from its centre of Taiba N’Diaye.
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The network of health posts, health huts and rural maternity units within the municipality of
Taiba N’Diaye does not comply with the standards defined in the National Health Development
Programme (PNDS). The PNDS stipulates one health post for every 5,000 rural inhabitants.
Taiba N’Diaye’s health posts currently service 14,000 inhabitants each. In order to meet PNDS
standards, an additional four health posts are required within the municipality.
Other health services are located within proximity of the municipality of Taiba N’Diaye, including
a private facility in Mboro (13 km from Taiba N’Diaye) built by the Industries Chimiques du
Sénégal (ICS). The towns of Tivaouane and Thiès also have both health centres and hospitals.
4.5 Education
Both formal and informal educational systems are present in the municipality of Taiba N’Diaye.
The informal system includes two types of instruction: teaching of the Koran and reading. The
formal system is public and includes pre-school, primary, junior high and high school levels.
The informal system does not enjoy dedicated classroom space; however, primary school
classrooms and huts are often used for lessons. Koranic teachings are available in all villages
within the municipality. In addition, reading classes are offered in 13 villages.
There is one high school within the municipality. The rest of the formal system comprises two
junior high schools, 19 primary schools and two pre-schools. An expansion of primary school
facilities occurred between 2000 (when 12 schools were counted) and 2013 (when 19 schools
were present). However, facility expansion was not coupled with a similar investment in the
services available within each facility, including water and washrooms. According to the PLD,
the formal school system within the municipality of Tabia N’Diaye lacks functionality despite the
presence of physical school facilities.
That said, the facilities available within the formal education system are superior to those used
by the informal system. In 2003, primary school attendance rates in the municipality (51%) were
lower than those in both the Region of Thiès and nationally. The increased availability and
quality (when compared to informal facilities) of primary school facilities now seems to be
contributing to increasing attendance rates.
4.6 Water and Electricity
ASUFOR (Borehole Users Association) manages two boreholes in the village of Taiba N’Diaye.
The ASUFOR boreholes are connected to the larger Water Supply Network (AEP), which
supplies 17 villages within the Direct Area of Influence (DAI) with drinking water. The network
provides inadequate service to the villages, with very low flow rates in the villages located
farthest away from Taiba N’Diaye. An additional borehole was scheduled for construction in
September 2015 to supply better service to six villages within the DAI and two within the IAI.
This upgrade should provide improved access to drinking water for villages in the DAI.
Access to water for agricultural purposes (e.g. irrigation boreholes) is limited within the
municipality. Currently, rain-fed farming practices are predominant in the municipality.
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Seventeen of 35 villages within the municipality of Taiba N’Diaye have access to electricity
(representing 80-90% of the total municipal population). Thirteen villages within the Project DAI
do not have electricity, with PAP residing in five of these villages. The Municipality has plans to
electrify villages currently without access and to increase service to villages that already have it.
4.7 Road Network and Transport
The Project area is accessible by two departmental roads including the D702 and the D702C.
The D702 is a tarmacked road that connects Tivaouane to Mboro, crossing through the
municipality of Taiba N’Diaye for 10 km. The D702C is a 19 km laterite road crossing three
villages within the municipality. It also links the D702 to Taiba N’Diaye via a tarmacked section.
Other villages within the municipality are connected to one another by sandy or laterite tracks,
the former of which are typically impassable during the rainy season.
Agricultural activities drive transport needs across the municipality. However, agricultural
transport options are limited due to the quality of local roads and the ability of PAPs to access
automobile transportation (versus donkeys and carts).
4.8 Cultural Heritage
Cemeteries and certain trees are considered sacred across Senegal. In the 31 villages near the
Project area, a total of 40 cemeteries were identified. Only one of these cemeteries, in the
village of Keur Maka Beye, is within close proximity to the Project’s boundaries and should be
fenced off to ensure protection from Project activities.
Baobab and tamarind trees – both of which can have sacred or protected status in Senegal –
are located within the Project footprint. The ESIS summarizes the findings of a Labosol report,
noting that 29 baobab and eight tamarind trees are present within the Project footprint, but that
only five of these trees (three baobab, one tamarind, and one black tamarind) have been
identified as sacred by local communities. Mitigation measures for these trees (following the
guidance provided in IFC PS 8), including preservation where possible, are included in the
ESIS.
4.9 Agriculture and Trade
The municipality of Taiba N’Diaye’s economy is generally divided into two sectors:
agriculture/livestock and transport/trade.
Agricultural production within the Project area depends on rainfall, as irrigation systems are not
widely available. Because of this, crop production is varied. The main crops in the Project area
include cassava, peanut, and millet and black-eyed pea. In addition to these, fruit trees
(particularly mango) are also grown, and their products are consumed by growers and sold
commercially. Although crops are grown and sold for commercial purposes within the
municipality, producers still use traditional farming techniques. Limited water supply, limited
access to pest control, poor soil quality, and lack of storage and processing facilities all impact
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the scale and quality of production. Market gardens face similar challenges in the production of
vegetables.
Livestock farming is currently on a subsistence basis as land supply is dominated by agricultural
activities and feed supply is currently limited to residual agricultural products (e.g. husks and
straw).
Transport and trade activities are primarily driven by agricultural needs. The majority of
agricultural trade occurs along main roads and is primarily carried out by women. In many areas
of the municipality, poor quality roads limit trade, as does a lack of access to financing options.
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5.0 DISPLACEMENT IMPACTS
5.1 Overview
The Project Footprint is located within an intensively used agricultural area, consisting – as
noted below – of 423 affected land parcels of varying sizes, belonging to 409 residents of the
surrounding villages.
Due to the high population density, high pressure on land, and relatively uniform soil quality,
almost all parcels are cultivated annually with only a few parcels being left fallow in any
particular year.
There are no habitations or structures on the affected parcels, however, valuable improvements
have been made to the land, such as:
Land has been cleared of trees and vegetation and broken for farming;
Mango and other high-value trees have been cultivated within the parcels;
Wild tree species are found occurring naturally within some parcels and in some cases
have been protected by land owners; and
Living fences or hedgerows have been put in around some parcels to demarcate the
boundaries and provide protection from grazing animals.
Mango trees are by far the most popular fruit trees to cultivate in this area; mangos constitute
the most important cash crop in the area. The majority of affected parcels contain one or more
mango trees that the owners would have planted, protected, and in some cases watered for a
period of at least four years before coming into production.
5.2 Project Affected Parties
The Project’s land take will result in the economic displacement of 409 Project-affected Parties
(PAPs), which are understood in this context to be the legitimate land holder or user of affected
land parcels. The number of total PAPs was updated from 473 to 409 based on a review of the
database prepared by Labosol (see Section 1.2) and reconciliation with documentation from the
first payment of financial compensation (see Section 7.3.2). The initial count of 473 PAPs was
the result of double counting of some PAPs who own more than one affected land parcel and of
PAPs who are both land holders and land users, farming land parcels owned by another PAP.
The table below presents the total number of PAPs based on the results of the review of the
database and reconciliation with payment forms.
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Table 1 - Total Number of PAPs
TYPE NUMBER
Land users (“exploitants”) 35 PAPs
37 parcels
(2 PAPs are land users on 2 parcels each)
Land holders (“proprietaires”) 371 PAPs
(including 10 who are also land users)
422 parcels
(332 PAPs have 1 parcel, 31 PAPs have 2
parcels, 4 PAPs have 3 parcels, 4 PAPs
have 4 parcels)
Unknown (not identified as Land User or
Land Holder in the Labosol database)
2 PAPs
(1 parcel each)
1 PAP
(1 parcel as land holder, 1 parcel
unknown)
Total PAPs 409 PAPs
423 parcels
(not including 3 that are associated with
PAPs who are unidentified as either land
users or land holders)
Each PAP is connected to a household, on a one to one basis. The average household size,
based on the sample obtained through the socio-economic survey in February 2017 is 12
members; the approximate total number of affected persons is 4,908.
The majority of the PAPs reside within the municipality of Taiba N’Diaye. The Labosol Rural
Cadastre Report (2015) identifies 309 of these PAPs as residing in the following 19 villages:
Baity Gueye (17);
Baity Ndiaye (5);
Bal Diop (11);
Bal Gueye (2);
Darou Dia (2);
Keur Assane Ndiaye (7);
Keur Demba (1);
Keur Madiagne (17);
Keur Malle (1);
Keur Mambaye Khari (1)
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Keur Mambaye Seneba (2);
Make Gaye Beye (8);
Mbayene 3 (28);
Sam Ndiaye (2);
Taiba Khab (2);
Taiba Mbaye (52);
Taiba Ndiaye (62);
Taibe Santhie (65); and
Khelcom (24).
An additional 32 PAPs live in municipalities outside of Taiba N’Diaye in the following villages:
Baity Bacar (6) in the municipality of Noto Gouye Diama;
Baity Dakhar (6) in the municipality of Noto Gouye Diama;
Bal sand (3) in the municipiality of Darou Khoudoss;
Mbourdjiguene (1) in the municipiality of Darou Khoudoss;
Merina samb (1) in the municipiality of Darou Khoudoss;
Ndiop sao (4) in the municipiality of Darou Khoudoss; and
Sao (11) in the municipiality of Darou Khoudoss.
Affected land parcels of the 32 PAPs residing in the municipalities of Noto Gouye Diama and
Darou Khoudoss are located in the municipality of Taiba N’Diaye.
5.3 Scope of Displacement
As reported in Labosol’s Rural Cadastre Report (2015), the vast majority of PAPs (86%) will
lose less than 10% of the agricultural land they own.1 This understanding was confirmed during
rePlan’s targeted consultation, when the vast majority of PAPs attending community meetings
identified that they owned land besides the parcels that would be acquired by the Project.
The Rural Cadastre Report also noted that less than 1% of PAPs (corresponding to one
individual household) will lose 50% or more of their total agricultural land. Also less than 1% of
PAPs (2 individual households) will lose between 40 and 45% of their total agricultural land. The
following table summarizes losses by PAP of total agricultural land holdings and is based on the
findings of the Labosol Rural Cadastre report and applied to the PAP numbers as identified in
the final Commission report.
1 Data on total land holdings and percentage of loss for each PAP is being confirmed through the socio-economic
household survey launched in February 2017 (see Section11).
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Table 2 - Loss of Total Land Holdings
Loss of total agricultural land holdings
Percentage of PAPs Number of PAPs
Loss 0 to 10% 86% 407
Loss of 10 to 20% 11% 53
Loss of 20 to 30% 2% 9
Loss of 30 to 40% 0% 0
Loss of 40 to 50% 0.7% 3
Loss of 50 to 60% 0.3% 1
Loss of 60 to 70% 0% 0
Loss of 70 to 80% 0% 0
Loss of 80 to 90% 0% 0
Loss of 90 to 100% 0% 0
In addition, the Rural Cadastre Report notes that 3,044 trees would be impacted by the Project,
broken down as follows:
71% are mango trees;
1% are other fruit trees; and
28% are wild trees.
The Rural Cadastre Report concludes that 5 PAPs will lose all of the mango trees within their
affected land parcels, but that these households will each lose 15% or less of their total
agricultural land. Also, the Report notes that 70% of PAPs will lose no more than 10% of their
revenue associated with mango trees.
The loss of wild trees, used by community members for their leaves and bark, will be minimal for
most PAPs. Specifically, close to 60% of PAPs will lose no more than 20% of the revenue that
could be provided by these trees, while 12% of PAPs will lose between 50 and 100% of this
type of revenue.
The ESIS Addendum draws the following conclusions based on the Departmental Commission’s
compensation rates and the overall impact of the Project on each PAP:
Table 3 - Summary of Revenue Loss
Loss of revenue associated with land
Percentage of PAPs Number of PAPs
Loss 0 to 10% 67% 317
Loss of 10 to 20% 20% 95
Loss of 20 to 30% 7% 33
Loss of 30 to 40% 4% 19
Loss of 40 to 50% 1.1% 5
Loss of 50 to 60% 0.6% 3
Loss of 60 to 70% 0% 0
Loss of 70 to 80% 0.3% 1
Loss of 80 to 90% 0% 0
Loss of 90 to 100% 0% 0
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5.4 Other Considerations
The ESIS Addendum identifies that there is a non-negligible risk of hazardous phenomena in
the Project’s Immediate Area of Influence, including wind turbine collapse, breakage and fire. In
addition, the amenity value of land in close proximity to a wind turbine and the range of
alternative uses for such land are intrinsically reduced. This Immediate Area of Influence has
been defined to extend to a radius of 500 m around each turbine, comprising 2,200 ha of total
land.
The Project has applied to the Ministry of Environment to have these 2,200 ha legally classified
as an “Installation Classée pour la Protection de l’Environnement” (ICPE). Under Senegalese
law, such areas are subject to restricted uses and special supervision to minimize any risks to
the environment, persons or property. Specifically, no human habitation or industrial activity will
be permitted in this area. By implication, some other economic or industrial activities not yet
envisaged could also be prohibited in this area. It is expected, however, that existing agricultural
activities will be allowed to continue, albeit with a certain loss of amenity value and other
impacts such as noise and shadow.
Beyond the 500 m radius referred to in the preceding section, the presence of large wind
turbines implies some restrictions on future land use and loss of amenity values. The area
where these impacts could be felt can be approximated to the Project’s Close Area of Influence,
as described in Section 4.1.1.2 of the ESIS Addendum.
The Project has formally applied to the Government to declare the Close Area of Influence off-
limits for phosphate exploration and mining, for reasons of incompatibility with the project. It is
possible that other economic activities or industrial projects could be proposed in the future
which the Project would also consider to be incompatible.
The Close Area of Influence has a total land area of approximately 12,000 ha, and includes over
half the surface area of Taiba N’Diaye Commune. Subtracting the area affected by the
preceding categories of impact, the additional area that is subject to some future restrictions is
approximately 10,000 ha. This area is mostly farmland, but also includes 33 villages, of which
25 are within Taiba N’Diaye Commune, and 8 fall under the neighbouring commune of Darou
Khoudoss.
Studies on land use restrictions in the Immediate Area of Influence and the Close Area of
Influence are ongoing. This LRP is restricted to the 66 ha identified as part of the current land
acquisition program, however, appropriate mitigation measures would need to be taken in this
larger area if displacement impacts are identified.
5.5 Summary
The following table summarizes displacement impacts by area of influence.
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Table 4 - Summary of Displacement Impacts
CATEGORY AND SUMMARY OF IMPACT QUANTIFICATION OF
IMPACT
AFFECTED PERSONS AND
VILLAGES
1. Permanent loss of farmland
The area directly occupied by project
infrastructure will be permanently lost to the
traditional users, and no longer available for
economic activities, habitation or other uses. The
area in question is almost all active farmland,
with a small proportion of fallow and grazing
land.
The foundations of the 46
wind turbine pylons will
occupy 7 ha, while the
construction of 34 km of
internal roads will occupy a
further 59 ha (14 ha will be
acquired temporarily during
the construction phase).
423 parcels have been
measured, belonging to 409
PAPs under the traditional land
tenure system.
These PAPs are resident in 27
villages within and surrounding
the project area.
In a few cases, the farmland is
cultivated by people other than
the traditional landowners.
These land users are included in
the 409 PAPs.
2. Permanent loss of trees and live fences
All assets and improvements on the land referred
to in item 1 will also be permanently lost. These
include cultivated trees, wild trees and live
fences.
5,047 fruit trees and other
high-value trees
189 other trees including
wild trees
4,125 m of live fences
The affected PAPs and villages
are the same as for item 1.
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6.0 STAKEHOLDER ENGAGEMENT
6.1 Consultation Record
Between August 8 and 19, 2016, targeted consultation was conducted by rePlan with the
support of EES and several Project Team members. The aim of consultation was to engage
internal and external stakeholders on key elements of the Project’s land acquisition program
and seek their input on proposed livelihood restoration programs. Specific objectives were to:
Confirm the scope of economic displacement that will result from the Project;
Verify that PAPs have a clear understanding of the Project’s likely impacts on their
individual land use and livelihoods and of their entitlements; and
Consult PAPs, key stakeholders, and local authorities on conceptual livelihood
restoration and other supportive programs.
Over the course of the consultation, rePlan met with approximately 150 community members
from the Project area, about 70% of whom self-identified as having land that will be directly
impacted by the Project (see Annex I for lists of attendees for community meetings) [additional
lists are being provided by EES]. Community meetings were arranged by Project Team
members through the relevant local authorities, who in turn reached out to the Village Chief and
elders and invited PAPs and members of the broader community to attend. Representatives of
women’s associations and youth associations were specifically encouraged to attend.
Community meetings, structured as open group discussions with the PAPs and community
members, were held with members of the following communities:
Minam
Keur Mallé
Mbayene 3
Keur Ma Mbaye
Keur Mbaye Seneba
Keur Samba Hawa
Keur Birama
Diamba Touba Fall
Taiba Ndiaye
Bale Diop
Ndiope Saw
Sao
Balesand
Focus groups and key informant interviews were conducted directly following community
meetings with representatives and members of women’s associations and youth associations.
Consultations were also carried out with the following local authorities and representatives of
the regional technical services during the same period:
Prefect of Tivaouane – Makane Mbengue;
Sub-Prefect of Meouane – Richard Birame Faye;
Deputy Mayor of the Commune of Taiba N’Diaye – Malick Ndiaye;
President of the Association of Village Chiefs of the Commune of Taiba N’Diaye –
Lamine Diop;
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Coordinator of the Departmental Commission / Head of the Department of Urban
Development of Tivaouane – Banda Mbaye;
Head of the Department of Forests of Tivaouane – Commandant Moustapha Ndiaye;
Head of the Department of Agriculture of Tivaouane – Abdou Macolaye Toure;
Head of the Local Development Support Centre of Meouane – Abdoulaye Nar Ndoye;
and,
Director of the Regional Development Agency of Thies – Cherif Diagne.
6.2 Summary of Feedback
6.2.1 Impacts and Entitlements
Consultation confirmed that, in general, PAPs have a basic understanding of the Project’s land
acquisition program and how it will impact their individual land use. PAPs recognize that under
Senegal’s land tenure system they do not inherently own their land and that it can legally be
acquired for the purposes of the Project so long as they are paid financial compensation. PAPs
also generally understand the role of the Departmental Commission in assessing the size of the
land parcels that will be acquired by the Project and in enumerating their crops and trees. While
PAPs understand they will be receiving financial compensation, they were not, at the time of
consultation, aware of the results of the Departmental Commission’s assessment of their
individual land parcels or of the rate of financial compensation that would be applied.
This gap is currently being addressed by the Project Team to ensure PAPs are aware of the
amount of land they will be losing and the amount of financial compensation they will be entitled
to receive, under Departmental Commission findings. The Project prepared individual disclosure
letters for all PAPs stating the amount of land and number of trees each PAP will lose, as well
as the amount of interim financial compensation they will receive. The letters were hand-
delivered by the Project Team. A formal grievance mechanism was also being put in place at
the time of writing to ensure PAPs have an effective mechanism to share and resolve any
grievances, issues or questions regarding these letters.
Similarly, the PAPs, local authorities and several key internal stakeholders were unaware that a
Livelihood Restoration Plan would be developed to provide additional support to PAPs. rePlan
therefore included an explanation of the concept of an LRP during its consultation. Additional
messaging will be developed by the Project and incorporated into a wider stakeholder
engagement plan to ensure internal and external stakeholders understand the full range of
entitlements related to land acquisition, including any required “top-up” payments and
supportive programs.
A structured stakeholder engagement plan is currently being put in place to facilitate ongoing
communication with Project-affected persons and communities.
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6.2.2 Livelihood Restoration
Following an explanation of the concept of livelihood restoration, rePlan presented two high-
level options for livelihood restoration programs to internal and external stakeholders for their
consideration and feedback. These options are discussed in more detail in Section 7 below, but
briefly, they are agricultural intensification through irrigated gardening and the increased
planting of fruit trees.
The two options were unanimously supported in every consultation session. A key piece of
feedback from the Director of the Regional Development Agency – that activities should
reinforce traditional livelihood strategies in order to build on the skills and resources that already
exist in the area – was consistently echoed by community members and PAPs. Community
members explained that while irrigated gardening is not widely practiced in the area presently,
this is only because of limited access to water. Women in particular responded positively to this
option, noting that they are already engaged in the purchase and resale of produce and that
household gardens would bolster this economic activity and generate additional food for
household consumption.
Fruit tree cultivation was equally supported by PAPs, the majority of whom are already engaged
in this activity and will be losing trees as a result of the Project’s land acquisition. In response to
questions regarding ways to increase revenue from fruit trees apart from simply increasing
planting rates, PAPs were keen to discuss value-add opportunities such as cold storage and
transformation to juice or dried fruit products. These value-add options will be explored through
the Project’s Social Investment Strategy.
Through working groups and interviews with local authorities and members of relevant technical
services, rePlan discussed the practical details of the two proposed livelihood restoration
programs. Their input on elements such as soil quality, planting schedules, fruit varieties, water
sources, and production costs have been incorporated in to the program proposals below.
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7.0 ELIGIBILITY AND ENTITLEMENTS
7.1 Eligibility Policy
Eligibility policies define “who” and “what” is eligible for compensation, and conversely who and
what is not. “Who” refers to those persons, households or communities that experience
displacement impacts. “What” refers to the types of immoveable assets that will be displaced.
The Project considers individuals eligible for compensation if they have a legitimate interest in
immoveable assets located on land located in the Project Footprint.
The Project acknowledges that legitimate interest is not synonymous with legal ownership, but
rather encompasses displaced people with either:
Formal legal ownership and use rights recognized under national law;
Informal or customary ownership and use rights that are recognizable under national
law; and/or
No recognizable legal right or claim to the assets they employ as part of livelihood
formation.
The identification of eligible people and definition of eligible assets has been carried out by the
Departmental Commission and by Labosol in two separate survey exercises. The exercises
involved the direct participation of PAPs, on a parcel by parcel basis, as well as the involvement
of neighbouring landholders and local leaders, such as Village Chiefs. The resulting
understanding of customary ownership and use rights was therefore validated in the field at the
time of survey, and no conflicts have emerged subsequently.23
Significantly, no formal eligibility criteria or cut-off date was set or shared during either exercise
– or at any point since by the Project Team – with communities in the Project area or local
authorities. As such, the delivery of individual disclosure letters served as a de facto cut-off date
for the Project.
The individual disclosure letters were prepared and distributed by the Project to all PAPs in
September 2016. The letters included the name of each PAP, a characterization of his/her
impacted assets, and a commitment to pay a certain amount of interim compensation, based on
the rates defined by the Commission.
7.2 Entitlement Policy
The basic entitlements arising from impacts on immoveable assets are summarized in the table
below.
3 Any conflicts that do emerge will be addressed through the Grievance Mechanism, outlined in Section 10.
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Table 5 – Entitlement Matrix
IMPACTED ASSET
ENTITLEMENT
ELIGIBILITY
NUMBER OF ELIGIBLE
PAPs4
Agricultural lands Cash compensation calculated at full replacement value of affected land
Owner and user 409 PAPs
Right of salvage ahead of destruction
Owner and user 409 PAPs
Agricultural intensification through irrigation
PAPs losing 20% or more of their total agricultural land holdings
12 PAPs
Transitional allowance PAPs losing 30% or more of their total revenue associated with land; length of entitlement depends on the percent of total revenue loss
16 PAPs for one month (30-40% loss)
4 PAPs for two months (40-50% loss)
4 PAPs for three months (more than 50% loss)
Fruit trees Cash compensation per tree (by type and age) calculated at full replacement value
Owner 366 PAPs
Right of salvage ahead of destruction
Owner 366 PAPs
Replacement of lost fruit trees
PAPs losing 20% or more of their annual revenue associated with productive fruit trees
53 PAPs
Wild trees Cash compensation per tree (by type and age) calculated at full replacement value
Owner 366 PAPs
Right of salvage ahead of destruction
Owner 366 PAPs
Household revenue as a result of lost agricultural lands and/or productive trees
Business Skills Session
2 members from each affected household
409 persons, estimating 50% of households choose to participate
During rePlan’s consultation, several individuals raised concerns over the payment of
compensation to land users who do not own the land that they cultivate. A Project Team
member then confirmed publicly that the Project will pay full and equal compensation to both
4 Eligibility for entitlements is being confirmed through the household socio-economic survey launched in February
2017. Figures in the table and in Section 8 have been extrapolated for the confirmed 409 PAPs based on the data provided in the Rural Cadastre Report.
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land owners and land users, in those few cases where land parcels have been allocated or
rented to independent individuals (i.e. members of other households) for cultivation.
In essence, this policy decision means that some parcels will be double compensated at their
full replacement values: once for customary owners and once for customary users. This level of
compensation exceeds international standards, but addresses the potential vulnerability of
renters.
Significantly, during the household survey carried out by Labosol in 2015, PAPs were given the
choice between cash and in-kind compensation, specifically the provision of replacement land;
according to Labosol’s Rural Cadastre Report, all PAPs selected cash compensation.
7.3 Compensation Rates
7.3.1 Departmental Commission Findings
The Departmental Commission set a compensation rate of 1,050,000 FCFA per hectare of
affected agricultural land. The Commission also set compensation rates for fruit trees as a unit
price assigned to each tree, based on a regional scale for the region of Thies, and determined
based on the age, tree species, and each tree’s potential for producing income. Compensation
rates set by the Commission for each tree type are listed in the table below.
Table 6 - Compensation Rates by Tree Type
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7.3.2 Project Commitments
Prior to development of the LRP, the Project offered to pay financial compensation for affected
land at the rate of 3,000,000 FCFA per hectare of affected land, meaning an additional
1,950,000 FCFA per hectare on top of the rate set by the Departmental Commission.
As part of the development of the LRP, rePlan commissioned an assessment by a professional
agronomist of the compensation rates set for the Project to ensure they represent full
replacement value of lost assets, in compliance with IFC Performance Standard 5. A copy of the
agronomist’s report is provided in Annex III.
In sum, the agronomist determined that the rate for square hectare of affected land set by the
Project, which includes the additional compensation the Project will pay on top of the amount
determined by the Commission, represents full replacement value.
The agronomist also determined, however, that the rates set by the Commission for
compensation of some types of fruit trees did not represent full replacement value based on the
need to address a loss of revenue for multiple years. Based on a calculation of the market price
per kilo of fruit type, the average yield per tree, and a timeline of 4 years for adult trees (the
number of years required on average for a newly planted tree to begin producing fruit suitable
for sale) and for 2 years for young trees (the number of years it will take for the tree to return to
its present state of development), the agronomist proposed the following revised rates for
certain affected tree types:
Table 7 - Summary of Rates Proposed by Agronomist
TREE TYPE RATE PROPOSED BY
AGRONOMIST
Lemon tree – adult 79,247
Lemon tree – young 5,000
Orange tree – young 5,000
Mango tree – adult 118,870
Mango tree – young 7,000
Based on the rates above, and the number of trees identified in the Rural Cadastre Report as
being lost as a result of the Project, an additional 148,357,553 XOF will be paid in financial
compensation, as per the breakdown below:
Table 8 - Additional Compensation for Fruit Trees
TYPE
ADDITIONAL COMPENSATION TO BE PAID PER
TREE (XOF)
NUMBER OF TREES THAT
WILL BE LOST
AMOUNT TO BE PAID PER TREE
TYPE (XOF)
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Lemon tree – adult 66,247 9 596,223
Lemon tree – young 2,500 20 50,000
Orange tree – young
2,500 17 42,500
Mango tree – adult 68,870 2,109 145,246,830
Mango tree – young 3,500 692 2,422,000
Payment of cash compensation is being done in two stages: the first payment for the amount
determined by the Commission was made in September 2016; the second payment for the
supplementary compensation to reach the rate of 3,000,000 XOF per hectare of affected land
(1,950,000 XOF per hectare), as well as the supplementary compensation for fruit trees and the
transitional allowance will be paid following the signature of individual agreements, which is
expected to be completed in early 2017.
Total compensation for affected land and trees is anticipated to be approximately 479,504,000
XOF (€ 731,000), which includes:
202,690,000 XOF (€ 309,000) for affected land and trees – paid in September 2016
based on Commission rates, equates to 42% of total compensation;
127,911,000 XOF (€ 195,000) – supplementary compensation for affected land, to be
paid in Q1 2017; and,
148.999,000 XOF (€227,149) – supplementary compensation for affected fruit trees, to
be paid in Q1 2017.
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8.0 LIVELIHOOD RESTORATION PROGRAMS
8.1 Program A: Business Skills Session
The livelihood restoration programs proposed below aim to reinforce and strengthen existing
livelihood activities, which are traditionally land-based and focused on agriculture. Recognizing
the shortage of available land in the Project area, and the opportunity for households to
potentially pursue new revenue-generating activities using the cash compensation they receive,
the Project will offer PAPs the opportunity to participate in a session aimed at building basic
business management skills. The session will focus on basic entrepreneurial and financial
management skills and expose participants to opportunities for small businesses in the Project
area.
Expected result: PAPs and members of affected households will be exposed to basic financial
management principles for application at the household level or to the initiation of alternative
livelihood activities, and will be aware of potential opportunities for new economic activities or
small businesses in the Project area.
Programme description: The course will include the following components:
A presentation on basic money management, budgeting, and cooperative savings and
loans by an NGO specializing in microcredit;
A presentation from the local economic development agency or relevant government
authority on formalizing livelihood activities and setting-up small businesses; and
A participatory assessment of small-scale business opportunities in the Project area.
The course will be made available to all PAPs, as well as one member of his / her household;
alternatively two members of a PAP’s household can attend if the PAP chooses not to
participate him / herself.
The course will be delivered by a local training provider to be identified by the Project. The
course will be designed in accordance with the low literacy levels in the area. The schedule for
course delivery will be set through consultation with community leaders to ensure it does not
conflict with agricultural or cultural activities.
In addition, the Project will identify a local partner organization involved in the banking and
microfinance sector. The Project will make the organization’s services available to any PAP who
does not already have a bank account and who wishes to open one.
Justification: Primary livelihood activities in the Project area are agriculture and the cultivation
and sale of fruit and other produce. The availability of land in the Project area is minimal,
however. Non land-based livelihoods present new opportunities for PAPs. PAPs will be
receiving financial compensation from the Project, but financial literacy levels are generally low
in Senegal and the majority of individuals do not participate in any formal system of banking.
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Cost: A preliminary estimate of the cost of providing a business skills course is presented in the
table below.
Table 9 – Estimated Cost of Business Skills Course
ITEM ESTIMATED
COST, FCFA COMMENTS
Session materials 250,000 Covers the time required for the training provider to
develop session materials and prepare for session
delivery.
Speakers’ costs 80,000 A per diem and travel costs will be paid for two speakers for each session.
Delivery of half-day course 200,000 Fee for the training provider per session. Sessions should be delivered with no more than 30 participants.
TOTAL COST FOR FINANCIAL
MANAGEMENT COURSE
3,920,250 Estimating 409 participants, based on the assumption
that 50% of eligible households will choose to
participate. 14 courses will be held.
8.2 Program B: Mitigation for Lost Farmland
While modest in extent, the permanent loss of farmland is significant due to the high population
density, the high pressure on land and the very limited availability of alternatives to agriculture.
The mitigation of this loss of land may represent the most significant challenge for livelihood
restoration. While affected people could potentially purchase replacement land with cash
compensation, given the lack of unused land, this would only transfer the impact to other
community members.
There is also no obvious, low-risk opportunity for creating jobs outside the agriculture sector,
although the wind farm will create a certain number of direct and indirect jobs.
These factors point to agricultural intensification measures as the most promising strategy to
mitigate the permanent loss of farmland.
Details of the proposed sub-programs are described in the following subsections.
8.2.1 Subprogram B-1: Agricultural Intensification through Irrigation
Expected result: PAPs losing 20% or more of their total agricultural land holdings are able to
replace their lost income through intensification of production on other, nearby land.
Programme description: For each 1 ha of affected farmland, PAPs will be entitled to 0.1 ha of
irrigated garden, complete with a water source in the form of an improved traditional well; a
simple solar pumping system; a concrete water tank; a drip irrigation kit; and a fence to protect
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against livestock. Since the affected land parcels are mostly fractions of a hectare, the
participants will need to group together in a site of their choice of at least 0.1 ha; the creation of
irrigation sites of less than 0.1 ha would be inefficient and costly, largely due to the cost of a well
and fencing. The sites for the irrigated plots could be provided either by the affected households
or other willing community members, who would be compensated accordingly.
Justification: Based on an examination of the resources and potentials in the project area, the
most feasible way to sustainably increase productivity is through the extension of irrigation.
Irrigation is already practiced on a small scale, but is limited by the lack of water sources, as
well as the cost of pumping and other irrigation infrastructure. With irrigation, it is possible to
produce higher-value crops, such as vegetables, on a year-round basis. There is a good market
for these products due to the proximity to major urban centres.
The typical gross annual income from one hectare of irrigated crops is on the order of 5,000,000
FCFA, while the average income for rain-fed crops is on the order of 500,000 FCFA. Therefore,
0.1 ha of irrigated land, with an efficient irrigation system, may be considered comparable to 1ha
of rain-fed crops in terms of income potential.
Cost: A preliminary estimate of the cost of establishing 0.1 ha of irrigated garden is presented in
the table below. This estimate does not include technical design, planning and supervision.12
PAPs are expected to lose 20% or more of their total agricultural land holdings.
Table 10 – Estimated Costs for 0.1 ha of Irrigated Garden
ITEM ESTIMATED
COST, FCFA COMMENTS
Hand-dug traditional well, with
cement plaster, average depth 15m
1,000,000 The water source is the largest component of the cost,
and is subject to verification through field investigations.
Simple solar pumping system, with
250 W solar panel and two 100 W
pumps (primary and back-up)
400,000 This is based on a new, simple and low-cost pumping
technology that has recently been demonstrated by
rePlan in Senegal.
Concrete water tank, 1m3 capacity,
elevated 1m
150,000 A small water tank is sufficient when used in
conjunction with drip irrigation.
Drip irrigation kit, 100m2 200,000 There is substantial experience with drip irrigation in
Senegal. This technology allows for the most efficient
use of water and labour. However, a participatory
design process is necessary before choosing the most
appropriate technical options.
Fencing of garden site, 160m 250,000 Further work is needed to identify the most appropriate
and economical fencing materials
TOTAL COST FOR 0.1 HA 2,000,000 This is the cost to compensate 1 ha of lost land.
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TOTAL COST FOR 12 ELIGIBLE
PAPS
6,000,000 This would be the total program cost for 12 PAPs losing
20% or more of their total agricultural land holdings. An
average loss of 0.25 ha is estimated for each of the 12
PAPs.
8.2.2 Subprogram B-2: Transitional Allowance
Expected result: PAPs losing a significant percentage of their total revenue associated with
land (30% or more) receive a cash contribution to support their transition to new or restored
livelihood activities.
Program description: In recognition of the temporary loss of income while the agricultural
intensification measures are being rolled out, or while the PAP searches for, secures and
prepares replacement farmland, the Project will provide a small amount of cash compensation
to each PAP in accordance with the percentage of his / her loss of total revenue.
Justification: The program of agricultural intensification through irrigation described above will
take time to implement. Additionally, any person who undertakes gardening for the first time
may not generate much profit in the first year, when the learning curve is steepest. PAPs will
require financial assistance during the period between the loss of their assets and the
restoration of their livelihood to pre-Project levels.
Similarly, those who decide to invest their cash compensation in the purchase of replacement
farmland will also need time to find willing sellers, confirm the suitability / appropriateness of the
replacement land, purchase it, and then prepare it to his/her specifications.
A rate of 2,500 FCFA has been identified as an appropriate day rate, equivalent to 65,000 FCFA
per month. The transitional allowance will be paid in accordance with the PAP’s percentage of
loss of his / her total revenue as follows:
one month for PAPs losing 30 to 40% of their total revenue (16);
two months for PAPs losing 40 to 50% of their total revenue (4); and
three months for PAPs losing more than 50% of their total revenue (4).
Cost: An estimate of the cost of providing a transitional allowance is presented in the table
below.
Table 11 – Estimated Costs for Transitional Allowance
PERIOD RATE
COMMENTS
Daily amount per PAP 2,500
Monthly amount per PAP (26 working
days / month)
65,000 Payment on a monthly or bi-monthly basis will
promote responsible household spending
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TOTAL COST OF
TRANSITIONAL ASSISTANCE FOR
ALL PAPS
2,210,000 14 x 65,000 = 910,000
4 x 130,000 = 520,000
4 x 195,000 = 780,000
8.3 Program C: Mitigation for Lost Fruit Trees
In addition to the payment of full replacement value for lost fruit trees, the Project will assist PAP
with their re-establishment.
Expected result: PAPs losing 20% or more of their total annual revenue associated with
productive fruit trees are able to replace their lost income through replacement of the lost trees.
Program description: For each lost adult tree, the affected person will be provided with two
high-quality, grafted trees to be planted on household land or other land identified by the PAP;
no land will be provided by the Project for planting replacement trees. The trees will be planted
and cared for by the PAP.
Within four years of planting, production of fruit may start, although initially with a very low yield.
The main reason for replacing the affected trees on a 2-for-1 basis is to shorten the time
required to reach a production level similar to the lost tree, and thereby reducing the amount of
lost income that needs to be replaced.
Cost: An estimate of the cost of mitigating one lost adult fruit tree through the planting of two
new trees is presented in the table below. 53 PAPs are expected to lose 20% or more of their
productive fruit trees; estimating each PAP is losing an average of 5 trees, 265 trees are
expected to be lost and 530 replacement trees are expected to be planted.
Table 12 – Estimated Costs for Compensating Loss of Adult Fruit Trees
ITEM ESTIMATED
COST, FCFA COMMENTS
Purchase of 2 high-quality grafted
mango seedling (or other species of
owner’s choice)
4,000 Plants may be obtained from local nurseries if
suitable quality is available.
TOTAL COST OF
MITIGATING LOSS FOR 53 PAPs
1,060,000 Estimating each PAP is losing an average of 5 adult
fruit trees.
8.4 Summary of Additional Livelihood Restoration Programs
The proposed programs for livelihood restoration are summarized in the table below.
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Table 13 – Summary of Proposed Livelihood Restoration Programs
CATEGORY AND SIGNIFICANCE OF
IMPACT
EXPECTED RESULTS
LIVELIHOOD RESTORATION MEASURES
ESTIMATED COST, FCFA
1. Loss of agricultural land High impact due to high land pressure and limited availability of alternatives to agriculture
PAPs are able to replace lost income through cash compensation and intensification of production
Program A: Business skills session
To be provided to PAPs and up to two members of their households
Program B: Agricultural intensification through irrigation
For each 1 ha of affected
land, PAPs will be entitled
to 0.1 ha of irrigated
garden
Program C: Transitional allowance
PAPs will receive a
monthly cash contribution
3,920,250
6,000,000
2,210,000
2. Loss of productive fruit trees Medium impact due to loss of revenue from primary cash crop
PAPs are able to replace their lost income through replacement of lost trees or intensification of production through irrigation
Program D: Agricultural intensification for lost fruit trees
Each lost tree is replaced with two new trees and their growth will be supported by the Project for three years
1,060,000
TOTAL 13,190,250
8.5 Additional Economic Development Support
As a socially responsible business committed to sustainable development in the communities
impacted by its projects, Lekela supports community investment as a tool to promote local
development. The present LRP is being developed to ensure adequate compensation,
mitigation, and restoration measures are in place for those whose livelihoods will be directly
affected. While the LRP focuses on addressing the direct impacts of a project, Lekela has
commissioned the development of a Social Investment Strategy (SIS) to provide strategic
guidance to the Project on longer-term investment in sustainable development in the area of
Taiba N’Diaye.
The SIS will identify actionable development priorities that reflect the needs, assets, and goals
of the communities in the Project area and that align with Lekela’s corporate policies and
commitments. The Strategy will reflect the importance of responding to immediate community
priorities in the early stages of the Project (e.g. by designing and implementing small-scale
projects that deliver short-term results), and will provide guidance for longer-term programming.
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The SIS will be developed in alignment with the objectives of the LRP and will consider
initiatives that reinforce the livelihood restoration programs, such as:
Enterpreneurial and small-business management training;
Vocational training, such as mechanics or metalworking; and,
Training and in-kind support to improve agricultural yields.
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9.0 SUPPORTIVE PROGRAMS
9.1 Vulnerable Support Program
The Project will implement a Vulnerable Support Program (VSP) to identify and mitigate risks to
vulnerable households and individuals as a result of land acquisition.
According to IFC PS 1, vulnerability may stem from an individual or group’s race, color, sex,
language, religion, political or other opinion, national or social origin, property, birth, or other
status. The Project must also consider factors such as gender, age, ethnicity, culture, literacy,
sickness, physical or mental disability, poverty or economic disadvantage, and dependence on
unique natural resources, and the way in which these factors may limit a person’s ability to claim
or take advantage of resettlement assistance and related development benefits (see IFC
Handbook for Preparing a Resettlement Action Plan, 2002).
Vulnerability may therefore be either:
Pre-existing: present in a Project area prior to the start of Project activities; or
Project-induced: a result of Project activities.
It is the Project’s responsibility to ensure full participation of PAPs with pre-existing
vulnerabilities in this Livelihood Restoration Programs and to avoid or mitigate for any instances
of Project-induced vulnerability.
The goal of the VSP is to identify, assess, support, and provide remedial assistance and follow-
up for PAPs experiencing hardship as a result of economic displacement. The specific
objectives of the VSP are to:
Identify PAPs who may presently qualify as vulnerable or who may become vulnerable
as a result of Project impacts;
Identify resources and networks that are or can be put in place to support vulnerable
persons in the Project area;
Ensure that vulnerable PAPs are provided with the supplementary assistance they
require in order to participate fully in the livelihood restoration programs; and
Monitor vulnerable PAPs over the life of the Project.
In keeping with international best practice, it is recommended that the Project implement
initiatives to address pre-existing vulnerability, such as low literacy rates and gender barriers to
economic advancement. As the LRP is designed to address Project impacts, it is recommended
that initiatives directed at reducing pre-existing vulnerability will be incorporated into the
Project’s Social Investment Strategy.
9.1.1 Vulnerability Context
In the context of the PETN, the individuals who have been identified as PAPs are traditional
land owners and users. These individuals are typically heads of household, with dependents
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including immediate and extended family members often residing in one or more house within
the same concession.
Vulnerability for this Project should therefore be considered at a household rather than
individual level.
Vulnerability criteria include the following, which have been validated with Project stakeholders
(see Section 11.1.4):
PAPs losing more than 20% of their total landholdings (expected to be 12 households)
and those losing more than 30% of their revenue (expected to be 24 households) - PAPs
who will lose significant portions of their total land and/or revenue as a result of the
Project may be particularly vulnerable if they are unable or unwilling to invest cash
compensation in longer term livelihood restoration;
PAPs with a dependency ratio higher than 20 : 1 - the number of dependents per
household varies widely, with some PAHs being responsible for up to 30 dependents;
Physical mobility – with a desire to maintain traditional livelihood activities in the Project
area, the livelihood restoration programs focus on agricultural projects that will require
physical work, which could present a barrier PAPs with limited physical mobility; and,
Gender of household head – female heads of household may face barriers in land
ownership and community decision-making, as well as higher rates of illiteracy and lack
of opportunities for formal skill training.
Only households that meet one or more of the vulnerability criteria will be eligible for
participation in the VSP.
9.1.2 Implementation
The following steps outline a high-level process to identify, mitigate and track pre-existing and
Project-induced vulnerability:
Identify households that meet vulnerability criteria through household survey and confirm
with local authorities / community leaders;
Identify community and government care providers and existing support networks in the
Project area;
Facilitate provision of necessary support services to vulnerable households; and
Disaggregate and track data of vulnerable households through monitoring and
evaluation activities.
9.2 Monitoring and Evaluation
A Monitoring and Evaluation (M&E) program should be put in place to ensure that the LRP’s
objectives are met, in accordance with international standards and best practices, as well as
Senegalese laws and regulations.
In general:
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Monitoring answers the question – are Project commitments and responsibilities related
to livelihood restoration being met on time and in full, and having the intended effects?
Evaluation answers the questions – what has been the change or impact in the lives of
PAPs and communities as a result of livelihood restoration programs? Are the programs
sufficient to mitigate impacts of economic displacement?
The objectives of the M&E program should include:
Monitor and evaluate the status of the Project’s obligations and commitments related to
livelihood restoration;
Monitor and evaluate the impacts of livelihood restoration on PAPs at the household
level, with particular emphasis on those identified as vulnerable;
Establish an early warning system to flag emerging social risks related to livelihoods for
the attention of management, through data collection, analysis and reporting; and
Enable the Project to meet the information needs of diverse stakeholders, including
PAPs, internal stakeholders, broader affected communities, and government.
9.2.1 Monitoring
Monitoring should consist of:
Regular monitoring by the Project team; and
Production of periodic monitoring reports, including monthly internal reports and annual
reports to external stakeholders.
Reporting should take place monthly for internal project management and bi-annually for
external stakeholders, in a format appropriate for local community members.
Monitoring activities should continue for no less than 3 years after the economic displacement of
the PAPs. If, at the three-year mark, it can be demonstrated that PAPs have successfully
restored their livelihoods and quality of life, monitoring activities can be subsumed into broader
community relations reporting for the Project.
Where livelihoods have not been, as a minimum, restored to pre-Project levels, monitoring
should be extended as necessary.
Input on monitoring indicators was sought during the validation process, but external
stakeholders provided minimal input in this regard. Indicators and a detailed monitoring plan will
be developed as part of LRP implementation (see Section 11).
9.2.2 Evaluation
There are two key types of evaluation proposed: annual/internal and final/external.
Internal evaluations should be conducted by the Project as an integral part of its management
process. Internal evaluations should consider the following:
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Effectiveness of LR activities;
Impact of LR activities; and
Sustainability of results.
An external evaluation will be commissioned by the Project and carried out by a third party to
provide an extra level of assurance that the objectives of the LR program have been met.
Specifically, an external evaluation will determine the following:
Compliance of the livelihood restoration programs with Project commitments, objectives,
policy and procedures, Senegalese law and IFC Performance Standards; and
Effectiveness of the livelihood restoration programs in restoring or enhancing PAP’s
quality of life and livelihoods.
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10.0 GRIEVANCE MANAGEMENT
10.1 Principles
In accordance with IFC PS 1, a formal grievance mechanism is required to receive and facilitate
resolution of project-related concerns from affected communities. The UN Guiding Principles on
Business and Human Rights outline the following criteria for an effective non-judicial grievance
mechanism:
Legitimate – considered to be fair and accountable by stakeholders;
Accessible – known to and easily accessed by all stakeholders;
Predictable – follows a standard procedure with clear timelines;
Equitable – strives to ensure all parties have the resources they need to participate fully;
Transparent – information is proactively shared about the process and outcomes;
Rights-compatible – outcomes are consistent with international human rights standards;
and
Source of continuous-learning – generates lessons and informs improvements to the
procedure.
The Guiding Principles stress that project-level grievance mechanisms should be based on
engagement and dialogue with stakeholders, during both the design and implementation stages.
10.2 Project-Wide Grievance Mechanism
EES, the local firm contracted by the Project to support its community relations activities, has
designed a Project-wide grievance mechanism, which is detailed in their report, PETN
Grievance Mechanism – Report version V0 September 2016. The mechanism includes four
levels:
Level One is an informal resolution process, in which a stakeholder brings forward
his/her concern for discussion with his/her community representatives and/or with
members of the Project’s Community Relations Team. It is likely that most questions and
concerns will be heard and resolved through these informal interactions.
Level Two comprises the formal management and documentation of a grievance by a
member of the Project’s Community Relations Team. The grievance is formally
registered in an internal database when it is received in written form, ideally on a
designated grievance form to be made available throughout the Project area, or is it
received verbally and transcribed by a member of the Project’s Community Relations
Team. Grievances are assessed for their validity – specifically whether they relate to the
activities of the Project or its contractors or subcontractors. An acknowledgement letter
is issued to the complainant, stating whether the grievance has been deemed to be valid
or not and the reasons why. Valid grievances are then investigated by the Community
Relations Team and a solution is proposed to the complainant. If the grievance is found
to be invalid or the complainant does not accept the solution that is proposed, the
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complainant will be informed of their options with regards to alternative resolution
mechanisms. When a grievance is resolved, the complainant is asked to sign a
document stating they have accepted the proposed solution. It is expected that most
substantive grievances will be successfully resolved by the Level Two mechanism in a
straightforward manner.
Level Three involves the referral of grievances to a third-party that conducts its own
review and investigation, and proposes a solution to the complainant. The review of a
grievance by the third-party is documented and a written response provided to the
complainant. The third-party may also offer the option of facilitated mediation to the
complainant if deemed appropriate.
Level Four involves the formal administrative or judicial system. The Project recognizes
that in the event that a grievance cannot be resolved through the amicable mechanisms
outlined above, all parties have the right under Senegalese law to take their grievances
into the judicial system at any time. The Project will inform those who prefer litigation of
their rights, entitlements and the existence of any legal aid. The Project will also inform
complainants of their right to make use of third-party mediation or advocacy services if
needed, including those that may be set up by NGOs or diplomatic missions.
The above procedure for the Project-wide mechanism is summarized in the figure below.
Figure 4 - PETN Grievance Resolution Procedure
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10.3 Grievances Related to Livelihood Restoration
To avoid complication and ensure ease of access for stakeholders, the same messaging and
entry points that will be in place for the Project-wide grievance mechanism will be maintained for
grievances related to the livelihood restoration programs. Internally, a specific stream of the
grievance management system will be established to ensure grievances related to livelihood
restoration are validated, investigated, resolved, and monitored accordingly. The LR Stream of
the grievance mechanism will follow the same procedure as that of the Project-wide
mechanism, with several adjustments. The table below presents the key elements of the
Project-wide mechanism and the adjustments that will be made for grievances related to
livelihood restoration.
Table 14 - Grievance Mechanism Adjustments for Livelihood Restoration
Element Project-wide Mechanism LR Stream
Scope Grievances can be submitted by any member of the public relating to any aspect of the project, including those directly or indirectly related to the activities of PETN or Vestas and its subcontractor(s). Does not address grievances from workers.
Grievances that will be addressed through the LR Stream will be those that are submitted by Project-Affected Persons, whose lands or livelihoods have been identified as being impacted by the Project, or members of their households. The grievances in the LR Stream will relate to one or more elements of the land acquisition and compensation process, and/or the design and implementation of livelihood restoration measures. Grievances from residents of the Project Area who have not been identified as PAPs, but who believe their livelihoods have been impacted by the Project, may be addressed through the LR Stream if they are determined through the Project-wide mechanism’s validation process to relate to legitimate claims of land acquisition, land use restrictions, or livelihood impacts.
Awareness A summary of the procedure will be posted in local languages on all public bulletin boards in the project area and on main bulletin board at the project office in Taiba N’Diaye. A leaflet will be developed and placed at public facilities in the vicinity of the site (municipal hall, police stations, local religious council) and distributed during community consultation as appropriate. Information will be provided during community meetings and other interactions with the community. The procedure will be explained on the Project website. The leaflet will be provided and the
In addition to the measures in place for the Project-wide mechanism, specific engagement with PAPs will be carried out to ensure they are aware of the grievance mechanism and understand how it works and how to access it. During external consultation, a distinction will not be made between the Project-wide mechanism and the LR Stream so as not to confuse stakeholders.
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mechanism will be explained to PETN employees and contractors during orientation and safety training.
Transparency Procedure was developed with the active participation of local residents and other stakeholders.
The Project-wide grievance mechanism will be presented to the Multi-Stakeholder Forum as part of the validation of the LRP; they will be asked for input and have the opportunity to recommend adjustments. The Multi-Stakeholder Forum will remain in place as a key engagement mechanism throughout the implementation of the LRP; they will be provided with regular reports on the status, subject, and resolution of any grievances related to livelihood restoration. The TORs of the Forum will include their responsibility to share information with PAPs and provide feedback to the LR Team.
Accessibility Grievances can be submitted in writing (including by submission in a box at the Project site) or verbally (in person or by phone) so that literacy does not create a barrier to access and confidentiality can be maintained at all times. Verbal grievances will be recorded on a Grievance Form by the CRM, which will be signed by the CRM and the complainant. A copy of the form and a letter confirming receipt will be provided to the complainant. EES, the firm appointed as Community Relations Manager, has designated Mr. Mbaye Sarr as the contact person for grievances. Mr. Sarr’s phone number will be provided to stakeholders, who will in turn provide the relevant information to stakeholders who want to register a grievance.
No change.
Timeliness The objective is to resolve 80 to 90% of grievances within 30 days.
The LR Team aims to propose a solution to 100% of grievances related to livelihood restoration within 30 days of the acknowledgement letter being issued to the complainant. In cases where the complainant does not accept the proposed solution, the LR Team aims to ensure an investigation has been initiated by the Multi-Stakeholder Forum within 30 days of rejection of the original proposed solution.
Assessment An initial assessment of each grievance will be conducted to determine whether the issue relates to the conduct of a contractor or sub-contractor. Grievances relating to contractors will be addressed via their internal grievance mechanism and the CRM kept up to date with progress of resolution. Grievances relating to PETN will be dealt with by the CRM.
All grievances related to livelihood restoration will be addressed by the CRM and the LRP Manager, whether or not any elements of the grievance relate to activities carried out by a contractor or sub-contractor.
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Recording All grievances will be registered on a grievance form and logged in a Grievance Database within the PETN Information Management System, under control of the PETN Community Relations Manager or Liaison Officer. All grievances will be tracked through to resolution and closing.
In addition to the procedure in place for the Project-wide mechanism, when any grievances related to livelihood restoration are recorded, an email will be sent to the LRP Manager notifying him/her and providing a copy of the associated grievance form.
Acknowledgement Within 7 days of receiving a grievance, an acknowledgement receipt specifying a contact person and a reference number will be delivered to the complainant.
No change.
Investigation PETN will investigate the cause of the grievance to determine if the grievance is valid and/or resolvable. For valid grievances, PETN will write to the stakeholder within 30 days with the results of the investigation and a proposed solution. For invalid grievances, PETN will notify the complainant accordingly.
In addition to the procedure in place for the Project-wide mechanism, the LRP Manager, with the support of the CRM when possible, will meet in person with the complainant as part of the investigation of any grievances related to livelihood restoration that are deemed to be valid.
Resolution In cases where the complainant accepts PETN’s proposed solution, the solution will be implemented and the complainant will sign a Statement of Satisfaction. In cases where the complainant does not accept the resolution, the appeal procedure will be initiated, which involves referring the grievance to a neutral organization that will review relevant documentation and recommend a solution. If the complainant does not accept the organization’s recommended solution, the complainant can initiate legal or administrative proceedings.
No change for cases where the complainant accepts the proposed solution. In cases where the complainant does not accept the proposed solution, the grievance will be referred to the Multi-Stakeholder Forum. Within 30 days of the grievance being referred, the Forum will initiate its own investigation of the grievance, including meeting with the complainant and any other relevant parties. The Forum will propose a solution for the grievance, which may include mediation between the complainant and PETN. If the complainant does not accept the solution proposed by the Forum, the complainant will be asked to sign a letter to that effect, the grievance will be marked as unresolved and be closed in the database, and the complainant will be free to pursue legal or administrative proceedings.
Monitoring Monitoring of implementation of accepted solutions to grievances will be carried out until the complainant agrees that the grievance is resolved and signs a Statement of Satisfaction. An internal monitoring report will include key indicators, such as the number of PAPs informed and number of posters distributed.
No change for monitoring of implementation of accepted solutions. For internal monitoring, specific quantitative and qualitative indicators will be tracked for LR-related grievances, including:
Number and specific subject of new grievances
Number of grievances resolved through initial solution and through involvement of Multi-Stakeholder Forum
Average time for resolution
Number of grievances unresolved and reasons why
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10.4 Implementation
10.4.1 Roles and Responsibilities
Responsibility for Community Relations has been allocated to EES, which will also be
responsible for implementation of the Project-wide grievance mechanism. EES has designated
a member of their team, Mr. Mbaye Sarr, to be the Grievance Officer and his contact information
is being provided to external stakeholders (he can be reached directly via phone at 77-633-
8965).
10.4.2 Awareness and Accountability
As per the Guiding Principles’ criteria for an effective grievance mechanism, it is critical to
ensure PAPs and affected communities know that the mechanism exists, how it works, and how
to access it. The Project-wide mechanism has been designed through consultation with the
PAPs and affected communities and various measures will be put in place by EES to promote
the mechanism, as outlined in the PETN Grievance Mechanism – Report version V0 September
2016.
As part of the LRP validation process, rePlan presented the mechanism, how it works and how
to access it. Members of the Multi-Stakeholder Forum were asked for input but did not identify
any necessary adjustments.
Throughout the implementation of the LRP, reports will be provided to the Forum on grievances
related to livelihood restoration, specifically the number and subject of any new grievances, the
status of pending grievances, and the solutions proposed/accepted to closed grievances. The
Forum will also serve as the external body to which grievances will be referred when the
complainant does not accept the solution proposed by the Project.
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11.0 ROADMAP AHEAD
11.1 Validation and Finalization of LRP
In accordance with international standards, the present Draft LRP (Rev 3) was validated with
PAPs following a review by Lekela and the Project lenders. An initial validation session was held
on November 2, 2016 and convened a Multi-stakeholder Forum, representing PAPs and
Project-affected communities. The following individuals or their representatives were invited to
participate in the Forum:
Regional Prefect or Sub-Prefect;
Mayor or Assistant Mayor of Taiba N’Diaye;
Head of the Association of Village Chiefs of the Commune of Taiba N’Diaye;
President of the Women’s Association of the Commune of Taiba N’Diaye;
Representative of a youth association from the Commune of Taiba N’Diaye; and,
20 individual PAPs representing all of the communities where PAPs reside.
Attendance lists for the validation sessions are included in Annex II.
The Forum members were provided with a copy of the LRP in French and key components of
the LRP were presented by EES in the local language, Wolof. These components included the
livelihood restoration programs, eligibility policies, vulnerability criteria, monitoring and
evaluation indicators, and the Project-wide grievance mechanism. Forum members were
encouraged to share their comments and ask questions throughout. The majority of feedback
from Forum members related to the identification of impacts and requests for additional support
for community development; the Project representatives present at the session responded to
these questions and comments. Specific feedback on the components of the LRP was limited.
In closing the session, Forum members were asked to consider and discuss further the
components of the plan and to return for a final validation session in two weeks’ time.
To ensure a robust validation process, EES undertook a series of consultation sessions with
PAPs following the initial validation session with the Multi-Stakeholder Forum. Again, EES
presented the key components of the LRP in Wolof and took comments and questions from
PAPs. A key point of feedback related to the provision of financial literacy training; some PAPs
felt that the training would be too basic given their personal levels of advanced literacy and
business skills. It was strongly recommended that the program be revised to offer something
more advanced. As a result, the program has been amended to focus on business skills and the
identification of new economic opportunities for PAPs, as opposed to purely financial literacy.
Feedback from PAPs also led to a change in the process proposed for the payment of
remaining financial compensation; one lump sum payment will be made for all remaining
financial compensation as opposed to payments being made in installments.
The final validation session with the Multi-Stakeholder Forum was held on November 24, 2016
(the date was delayed due to a death in the community). Participants were provided with a copy
of the LRP in French. Key components of the LRP were presented by rePlan in French with
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simultaneous translation into Wolof by EES. Participants were encouraged to make comments
and ask questions. Feedback was overwhelmingly positive, with only a few questions of
clarification regarding eligibility. The session was chaired by the Mayor of Taiba N’Diaye, who
closed the meeting was asking the participants whether they officially approved the LRP; the
participants agreed with a round of applause.
A copy of the final LRP will be provided to the Forum members and relevant local authorities.
The Multi-Stakeholder Forum will remain in place throughout implementation of the LRP. The
LRP Manager will hold monthly meetings with the Forum to facilitate two-way communication
and discuss any emerging issues. The Forum will also serve as a third-party to which
grievances can be referred for further investigation (see Section 10.3).
11.2 Implementation of Finalized LRP
The following section presents the tasks and activities that will be required for the planning and
launch of the livelihood restoration programs, and related supportive programs. A detailed
implementation plan will be developed by the LRP Manager, once he/she has been appointed
by Lekela.
11.2.1 Appointment of Livelihood Restoration Team
Implementation of the LRP will be carried out by a team of qualified practitioners, who will work
in close coordination with the Project Team and Community Relations Team. The LR Team will
be led by a LRP Manager, who will have overall responsibility for the successful implementation
of the LRP. The LRP Manager’s primary duties will include:
Carry out external consultation with stakeholders regarding the LRP and related
programs, with the support of the Project’s Community Relations Team;
Draft, finalize and have signed individual agreements with all PAPs;
Oversee payment of remaining cash compensation;
Manage participation in the livelihood restoration programs in accordance with eligibility
criteria;
Oversee and ensure compliance with contracts for external providers of goods and
services related to the LR programs;
Investigate and resolve any grievances related to livelihood restoration; and
Report regularly to the Project Team on progress and any issues encountered related to
the livelihood restoration program.
The LRP Manager will be supported by a small team, including a Livelihoods Coordinator, who
will undertake detailed program design and delivery. If possible, an Engagement Lead will be
assigned from the Community Relations Team to carry-out external consultations with
stakeholders as part of the LRP implementation. Similarly, the role of Data Coordinator, with
responsibility for the input and monitoring of data related to the livelihoods restoration programs,
could also be allocated to an existing member of the Community Relations or Project Team.
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Implementation of the LRP will also require contributions from the Project’s finance and legal
departments, and will potentially include further consultation with an external agronomist.
Roles and reporting structures are presented in the organizational chart below.
Figure 5 - LR Organizational Chart
11.2.2 Updated household survey
An updated household survey will be carried out to confirm eligibility for LR programs and to
develop a more detailed baseline against which the LRP can be monitored. Survey forms will be
filled out with PAPs when the LRP Manager meets with them to present individual
compensation agreements. The survey will capture the following data:
name, age and relationship to PAP of all members of each PAP’s household;
education levels / formal training completed by household members and PAPs;
household income and present livelihood activities;
total land holdings and total revenue generated from land and productive trees;
household goods / moveable assets; and
identification of vulnerable households.
Survey results will be entered in to the digital database by the Database Coordinator.
11.2.3 Agreements
With input from Lekela’s legal department, the LRP Manager will draft and sign definitive
agreements with each PAP, based on the results of the household survey and entitlements
defined in the LRP. The agreements will define impacts, eligibility and entitlements for each
household. Specifically, individual agreements will indicate the following:
Total agricultural land and type/number of trees each PAP will lose as a result of the
Project;
Total amount of financial compensation each PAP will receive; and
LRP IMPLEMENTATION ORGCHART
LEKELA CORPORATE
LRP ADVISOR(S) LRP MANAGER
ADMIN / LOGISTICS
DATA FINANCE LIVELIHOODS ENGAGEMENT LOCAL ADVISORS
DATA COORDINATOR CONTROLLER LIVELIHOODS COORDINATOR ENGAGEMENT LEAD LEGAL ADVISOR
PROGRAM DESIGN & CASE WORKERS x3 AGRONOMISTLekela Staff / Consultants DELIVERYSpecialised Consultant
Local Third Parties
Part-Time
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The entitlements of each PAP for participation in the livelihood restoration and support
programs.
Individual agreements will be presented by the LRP Manager to each of the PAPs. PAPs will be
encouraged to ask questions at the first meeting. The LRP Manager will return for a second
meeting within 1 to 2 weeks to sign the individual agreement, allowing time for the PAP to
review and consider the terms of the agreement.
Each PAP will be provided with a copy of the agreement, signed by him/herself and a
representative of the Project, and the LRP Manager as witness. The signed individual
agreements will be scanned by the Database Coordinator and stored in the digital database.
11.2.4 Payment of Compensation
As noted in Section 7.3.2, additional payments of financial compensation will be made by the
Project in accordance with the commitment to ensure full replacement value for lost assets. One
lump sum payment will be made to all eligible PAPs in early 2017 following the signature of
individual agreements. The payment will include supplementary compensation to reach the rate
of 3,000,000 XOF per hectare of affected land (1,950,000 XOF per hectare), supplementary
compensation for the loss of specific types of adult fruit trees, and the transitional allowance
where applicable. The final payment is expected to be made in early 2017.
11.2.5 Detailed livelihood restoration programming
With the LRP validated, the Livelihoods Coordinator, with input from the LRP Advisors, LRP
Manager and EES, will develop detailed implementation plans for the livelihood restoration
programs, notably the delivery of business skills courses, the development of irrigated market
gardens, and the planting of fruit trees. Implementation plans will require input from technical
experts and consultation with relevant regional authorities and Technical Services. This task will
also involve identifying local providers of the necessary goods and services to support the
livelihoods restoration programs, as well as securing any necessary land, such as the area
required for the irrigated gardens.
11.2.6 Development of Supportive Programs
As noted in Section 9 above, a Vulnerable Support Program must be put in place in order to
comply with international standards. The Program will be developed through consultation with
PAPs and community leaders to ensure potentially vulnerable households are identified and
appropriate assistance measures are put in place. Similarly, a monitoring and evaluation plan
will be developed and put in place in order to assess the effectiveness of the LRP going
forward. Both programs will be developed and implemented through the support of the Multi-
Stakeholder Forum.
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11.3 Work Plan and Schedule
Initial implementation of the LRP is expected to be realized over a period of 11 weeks, and is
expected to begin January 2, 2017. A proposed work plan and schedule are provided in the
table below.
Throughout the implementation process, regular consultation will be undertaken with the Multi-
Stakeholder Forum to ensure PAPs are informed of progress and the LRP Team is aware of
any emerging issues. This consultation will be led by the LRP Manager with support of EES.
Weekly updates will also be provided to Lekela by the LRP Manager, either in written reports or
on a weekly call.
Figure 6 - Work Plan and Schedule
Task / Activity Parties Involved Schedule by Week (2017)
Jan 2
Jan 9
Jan 16
Jan 23
Jan 30
Feb 6
Feb 13
Feb 20
Feb 27
Mar 6
Mar 13
1. Mobilize Team
1.1 Finalize roles and responsibilities
Lekela
1.2 Appoint team members
Lekela
2. Household Survey
2.1 Prepare survey tools
LRP Manager
2.2 Train surveyors LRP Manager w/ EES
2.3 Carry-out survey with PAPs EES w/ oversight of LRP Manager
2.4 Enter results in to database
Data Coordinator
3. Individual Agreements
3.1 Draft individual agreements
LRP Manager w/ Lekela’s legal dept.
3.2 Meeting 1: present agreement and review entitlements
LRP Manager w/ EES
3.3 Meeting 2: address questions and sign agreement
LRP Manager w/ EES
3.4 Follow-up on grievances, if necessary
LRP Manager w/ EES
4. Payment of Compensation
4.1 Confirm payment process with local authorities
EES w/ LRP Manager
4.2 Prepare funds Lekela’s financial dept.
4.3 Make payments in accordance with individual agreements
LRP Manager w/ EES
4.4 Scan signed payment forms and enter in to database
Data Coordinator
4.5 Follow-up on grievances, if LRP Manager
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necessary w/ EES
5. LR Programs
5.1 Detailed design of livelihood restoration programs
Livelihoods Coordinator w/ LRP Manager, LRP Advisors, EES
5.2 Identification of potential providers of goods and services
Livelihoods Coordinator w/ LRP Manager, EES
5.4 Identify and secure use of sites for implementation of LR programs
LRP Manager w/ EES
5.3 Draft and sign contracts with providers of goods and services
LRP Manager w/ Lekela’s legal dept.
5.5 Initiate LR programs Livelihoods Coordinator w/ LRP Manager
6. Supportive Programs
6.1 Detailed design of Vulnerable Support Program
LRP Manager w/ EES, LRP Advisors and input from Multi-Stakeholder Forum
6.2 Detailed design of Monitoring and Evaluation Program
LRP Manager w/ support of EES, LRP Advisors and input from Multi-Stakeholder Forum
6.3 Initiate VSP and M&E Programs
LRP Manager w/ EES
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ANNEX I
Attendance Lists for rePlan Consultation with affected communities
- August 15 to 19, 2016
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ANNEX II
Attendance Lists for LRP Validation Sessions
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ANNEX III
EXAMEN DES TAUX D’INDEMNISATION
DU PROJET DE PARC EOLIEN DE TAIBA NDIAYE
Réalisé par : BECAYE BA, Ingénieur Agroéconomiste
Rapport Août 2016
RESUME
Le travail effectué dans le cadre de cette étude consiste à procéder à un réexamen des taux
d’indemnisation octroyés aux Personnes Affectées par le Projet (PAP) de parc éolien dans la
commune rurale de Taiba NDIAYE.
Cette étude est commanditée par rePlan.inc. Elle vise, en capitalisant les travaux déjà réalisés
par la Commission départementale d’évaluation des impenses et des consultants spécialisés, à
réexaminer les taux de compensations.
Ainsi, l’objectif de cette étude consiste à déterminer si les taux d’indemnisation des biens
perdus ont été calculés au prix intégral de remplacement. Ces derniers comprennent des
champs de cultures pluviales, ainsi que des arbres forestiers et fruitiers.
Pour réaliser cette étude, le consultant s’est basé sur une connaissance des procédures
nationales d’évaluation et d’examen des impacts sur l’environnement. Ces dernières sont
définies dans les diverses lois, relatives à la Gestion de l’Environnement et de ses textes
d’application. Elles sont relatives aux réglementations sur l’expropriation pour cause d’utilité
publique et l’occupation temporaire. Les directives internationales telles que la Politique
Opérationnelle de la Banque Mondiale PO.4.12, et de la Norme de performance 5 relative à
l’acquisition de terres et réinstallation involontaire ont été utilisées.
Le taux proposé sur la compensation sur l’usage de la terre est inférieur au coût de
remplacement total de la terre qui, déjà en 2010, a été estimé dans la zone à 2 000 000 FCFA
par hectare. En tenant compte du taux d’inflation, le montant additionnel relevant ce taux à 3
000 000 FCFA par hectare est acceptable.
Pour les espèces fruitières, la réévaluation est basée sur la valeur de remplacement pour la
perte de récoltes annuelles par pieds calculée sur la base du rendement annuel moyen (kg/ha)
multiplié par le prix de vente en considérant le nombre d’années que cela prendrait à un nouvel
arbre d’atteindre un état productif complet.
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Quant aux espèces forestières, les taux de la Commission, globalement supérieurs au barème
National sont à considérer.
En définitive, la proposition de réajustement du consultant découlant de l’analyse croisée de
l’ensemble des paramètres a permis d’établir les taux suivants :
Rubriques Types Taux initial (FCFA) Taux proposés FCFA/Hypothèse
Espèces fruitières Citronnier ad 13 000 158 493
Citronnier j 2 500 5 000
Mandarinier j 2 500 5 000
Manguier ad 50 000 118 870
Manguier j 3 500 7 000
Cultures pluviales Cultures pluviales 1 050 000 3 000 000
Essences forestières
Essences forestières
Idem idem
Puits Puits 400 000 400 000
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ABSTRACT
The work done in the context of this study is to conduct a review of compensation levels
awarded to People Affected by the Project (PAP) wind farm in the rural town of Taiba Ndiaye.
This study is sponsored by rePlan Inc, and it is capitalizing on work already carried out by the
Departmental Evaluation Commission disbursements, and specialized consultants to review the
rates of compensation for different people affected by the project. Thus, the objective of this
study is to determine whether the rate of compensation of lost property were calculated at full
replacement cost. The lost property includes fields surfaces and cultures calculated the square
hectare, and forest and fruit trees.
For the study, the consultant was based on a thorough analysis of national assessment and
examination of environmental impacts identified in the various laws relating Framework Law on
Environmental Management and its implementing regulations, laws and regulations on eminent
domain and the temporary occupation and all other laws and regulations in force in Senegal and
international guidelines such as the Operational policy of the World bank PO .4.12 and
performance Standard 5 on land acquisition and involuntary resettlement.
The rate of compensation for the use of the land is less than the full replacement cost of the
land that already in 2010 was estimated in Zone 2 000 000 FCFA per hectare. Taking into
account the inflation rate, the additional amount under this rate to 3 million FCFA per hectare is
acceptable.
For fruit species, the reassessment was based on the calculation of the market price per kilo in
the locality and the yield per hectare produced by considering a period of four (04) years
required for regeneration of the species and considered its early production. As for forest
species, the commission rate is closer to the local reality. Thus, these rates will be considered
for the re-evaluation of the new rates.
Ultimately, the proposal of the consultant under the cross-analysis of all parameters is to apply
the rate respectively:
Rubriques Types Taux initial (FCFA) Taux proposés FCFA/Hypothèse
Espèces fruitières Citronnier ad 13 000 158 493
Citronnier j 2 500 5 000
Mandarinier j 2 500 5 000
Manguier ad 50 000 118 870
Manguier j 3 500 7 000
Cultures pluviales Cultures pluviales 1 050 000 3 000 000
Essences forestières
Essences forestières
Idem idem
Puits Puits 400 000 0
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1. Cadre de l’étude
1.1 Contexte de l’étude
La réinstallation involontaire intervenant dans le cadre des projets de développement engendre
souvent des impacts économiques et sociaux négatifs sur les systèmes de production, un
appauvrissement accru en raison de la perte de moyens de production ou de sources de
revenus.
La présente étude s’intéresse au plan de restauration des moyens de subsistance pour le Projet
d’énergie éolienne dans le département de Tivaoune, commune de Taiba Ndiaye.
Cette dernière, commanditée par rePlan.inc, vise en capitalisant les travaux déjà réalisés, à
réexaminer les taux de compensations des différentes Personnes Affectées par le Projet (PAP).
1.2 Objectif
L’objectif de cette étude est de déterminer si les taux d’indemnisation des biens perdus ont été
calculés au prix intégral de remplacement. Ces derniers comprennent des superficies exploitées
en cultures pluviales et des arbres forestiers et fruitiers.
1.3 Cadre méthodologique
La méthodologie utilisée est scindée en trois grandes phases :
La recherche documentaire s’est intéressée :
aux procédures nationales d’évaluation et d’examen des impacts sur l’environnement
définies dans les diverses lois, portant loi-cadre relative à la Gestion de l’Environnement
et de ses textes d’application,
aux lois et réglementations sur l’expropriation pour cause d’utilité publique et
l’occupation temporaire
aux directives de la banque mondiale (PO.412)
L’examen des supports suivants fournis :
Rapport d’étude la Commission départementale ;
Extraits de l’étude d’impact ;
Rapport d’évaluation des terres ;
Extrait du rapport du cadastre rural.
Les limites de l’étude sont liées à l’absence de données homologuées sur le marché du foncier
local. Ces dernières sont généralement obtenues auprès des courtiers, notaires et
conservateurs fonciers dans la zone. Ainsi la stratégie utilisée consiste à un ajustement sur la
base du taux gouvernemental.
C’est ainsi que le Consultant a procédé au traitement, à l’analyse des données et à la rédaction
du rapport. Le document est structuré comme suit :
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Synthèse du cadre réglementaire ;
Examen, analyse et proposition des taux ;
Synthèse des résultats
2. Aperçu sur le cadre règlementaire
2.1 Revue de la législation nationale
2.1.1 Loi sur la terre
Au Sénégal les terres sont divisées en trois catégories :
Le domaine national est constitué par les terres non classées dans le domaine public,
non immatriculées ou dont la propriété n’a pas été transcrite à la conservation des
hypothèques. Le domaine national est régi par la loi n° 64-46 du 17 juin 1964 et ses
différents textes d’application. Les terres du domaine national sont divisées en quatre
zones : i) les zones pionnières ; ii) les zones urbaines ; iii) les zones classées qui sont
des espaces protégés ; iv)les zones de terroirs qui sont les zones les plus importantes
sont relatives à l’agriculture, à l’élevage et au parcours du bétail. L’espace nécessaire
aux ouvrages hydrauliques relève essentiellement de la zone des terroirs.
Le domaine de l’Etat qui comprend le domaine public et le domaine privé qui sont les
biens et droits immobiliers qui appartiennent à l’Etat ; Il est organisé par la loi n° 76-66
du 2 juillet 1976 portant Code du domaine de l’Etat (CDE). L’Etat peut accorder sur son
domaine différents titres d’occupation (autorisation d’occuper à titre précaire et
révocable ; bail ordinaire ; concession du droit de superficie). Le domaine maritime fait
partie intégrante du domaine de l’Etat.
Le domaine des particuliers qui est constitué par les terres immatriculées appartenant
aux particuliers. Il est organisé par le Code civil et le décret du 26 juillet 1932
réorganisant le régime de la propriété en Afrique Occidentale française.
2.1.2 Méthodes d’évaluation des biens et détermination des taux de compensation
La législation nationale prévoit que l’évaluation des biens soit faite par les représentants
qualifiés du Ministère compétent. Ainsi, la Direction de Domaine détermine la valeur des terres,
la Direction de la Gestion du Patrimoine Bâti fixe les valeurs des bâtiments et infrastructures ; le
Ministère d’Agriculture détermine les valeurs des cultures et des arbres fruitiers cultivées, et la
direction des Eaux et Forêts du ministère de l’environnement et de la gestion des ressources
naturelles détermine les valeurs des arbres forestiers.
Des barèmes de prix existent pour le prix du loyer pour occupation du domaine privé de l’Etat,
les produits agricoles et forestiers. Mais dans la réalité la détermination des coûts
d’expropriation et indemnisation qui se fait au niveau des commissions d’évaluation est plus en
phase avec les réalités locales. Les commissions regroupent les autorités administratives et
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municipales, les services techniques de l’Etat, les représentants des PAP. Les décisions prises
à ce niveau sont généralement bien acceptées par les parties prenantes.
2.2 Quelques éléments de la politique de la banque mondiale
2.2.1 Objectifs de la loi
La politique opérationnelle PO/BP 4.12 "Réinstallation Involontaire" doit être suivie lorsqu’un
projet est susceptible d’entraîner une réinstallation involontaire, des impacts sur les moyens
d’existence, l’acquisition de terre ou des restrictions d’accès à des ressources naturelles.
Lorsque l’acquisition des terres et la réinstallation involontaire sont inévitables, les activités de
réinstallation et de compensation seront planifiées et exécutés comme des activités du projet,
en offrant des ressources d’investissement suffisantes aux personnes déplacées pour qu’elles
puissent partager les bénéfices du projet. Les personnes déplacées et compensées seront
dûment consultées et auront l’occasion de participer à la planification et à l’exécution des
programmes de réinstallation et de compensation.
Les personnes déplacées et compensées recevront une aide dans leurs efforts d’amélioration
de leurs moyens d’existence et de leur niveau de vie pour les ramener, en termes réels, au
niveau d’avant le déplacement.
Ici, conformément à la politique de la Banque, les personnes affectées sont celles qui sont
directement affectées socialement et économiquement par les projets d’investissements
assistés par la Banque.
2.2.2 Avantage de la politique de la banque pour les PAP
En cas de contradiction entre la législation nationale et la PO 4.12, le principe retenu sera
d’appliquer la norme la plus avantageuse pour les personnes affectées.
Il existe dans la littérature plusieurs comparaisons qui ont été faites dans ce sens et qui ont été
favorables aux indemnisations des PAP. On peut citer les compensations effectuées dans le
cadre :
des travaux du Millenium Chalenge Account (MCA) ;
de la réalisation de l’autoroute à péage Dakar-Diamniadio.
Un des principes clé de la politique de la Banque Mondiale sur la réinstallation involontaire est
que les personnes affectées par la perte de terre doivent, après le déplacement, se porter
économiquement mieux qu’avant le déplacement.
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3. Examen et analyse des taux d’indemnisation fixés par la
Commission départementale pour les impacts de l’utilisation des
terres du projet et proposition de nouveaux taux
3.1 Compensation de l’usage de la terre
Les études montrent que le montant de 1 050 000 FCFA/ha a été retenu par la commission
comme taux de compensation de la terre à usage agricole dans cette zone. Il a été aussi
précisé que conformément à la réglementation nationale en vigueur, la compensation porte sur
l’usage de la terre.
Ce taux équivaudrait à des pertes de revenus agricoles estimés à 87 500 FCFA par mois
pendant un an sur ces terres agricoles cultivables en pluvial.
Il faut constater que ce taux ne permet de compenser le préjudice car en privant le producteur
de son outil de production, il perdra de façon définitive les revenus liés à cette activité. En
réalité une parcelle similaire devrait lui être octroyée par les collectivités locales.
Ainsi à titre comparatif avec le décret n° 2010-439 du 6 avril 2010 fixant pour toute la région de
Thiès à 200 FCFA/m2 , l’indemnité d’expropriation des terrains ruraux pour cause d’utilité
publique, le taux de 1050 000 FCFA/ha est bas.
D’autre part, il est reconnu que les taux du marché de la valeur immobilière sont très variable
d’un site à un autre et ne respectent aucune grille tarifaire. Une enquête complémentaire de
terrain permettrait de mieux approcher la réalité des transactions et le prix du marché.
Du fait de l’inexistence de données homologuées sur le marché du foncier local, la valeur
d’usage de 300 F CFA/m² peut être considérée comme équivalent à la norme institutionnelle de
2010 (200F/m²) mais réajustée en 2016 avec un taux d’inflation annuel de la valeur immobilière
de 7%/an. Ce taux serait plus avantageux pour les PAP en conformité avec l’esprit de la Norme
de performance 5 de la SFI et les propositions de PO.4.12.
3.2 Compensation de la perte des arbres fruitiers
3.2.1 Analyse de la situation de départ
Les données disponibles renseignent que l’arboriculture fruitière dans la zone est à dominance
constituée par la production de mangues. Les faibles rendements à l’hectare évoqués sont à
mettre en rapport avec le système de production caractérisé par une faible densité de
plantation et un faible entretien des manguiers.
Concernant la compensation en espèces pour les pertes d’arbres par abattage, l’évaluation a
été faite en tenant compte de deux aspects : d’une part, la perte de la production et, d’autre
part, la perte de l’arbre selon qu’il soit mature ou jeune.
Cette compensation tient compte théoriquement des valeurs locales, selon le cas de figure, des
paramètres suivants :
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la production moyenne annuelle récoltée par pied;
les différents prix du marché pour les récoltes des arbres adultes ;
le coût de remplacement intégrant les coûts d’aménagement, de plantation et
d’entretien, jusqu’à la maturité des plants ;
le coût d’acquisition et de remplacement des jeunes pousses, y compris les coûts
d’aménagement.
Les prix retenus par la commission sont :
Tableau 1: Prix retenus par la Commission pour les arbres fruitiers
Espèces Prix Commission
Citronnier adulte 13 000
Citronnier jeune 2500
Mandarinier jeune 2 500
Manguier adulte 50 000
Manguier jeune 3500
3.2.2 Réévaluation de la compensation
3.2.2.1 Principes de réévaluation des pertes de revenus liés aux arbres fruitiers et choix
d’une durée requise
Conformément aux principes retenus dans le cadre de la PO 4.12 de la Banque Mondiale, le
calcul des pertes de revenus doit tenir compte de la durée requise pour finaliser une activité et
débuter une autre afin de préserver pour la PAP un équilibre social et économique.
Dans ce cas de figure, le temps d’attente minimal, qui permet aux PAP de débuter la
réinstallation, est calculé sur la base des pertes de revenus tirés sur 04 années de récoltes. Ce
choix n’est pas fortuit pour plusieurs raisons :
Au niveau pratique, la quantification des pertes de revenu de la première année permet de
combler les pertes pour l’arrêt de l’activité sur la parcelle libérée;
Du point de vue agronomique, il est admis que les manguiers de semis peuvent atteindre leur
pleine production vers l’âge de 3 à 4 ans pour les manguiers greffés (Wikipedia,2016);
Ainsi, les indemnités prévues des autres 03 années, aussi bien pour les manguiers que les
agrumes permettent de combler le temps d’acquisition et le temps d’atteindre le niveau de
productivité initiale avec les nouveaux arbres.
3.2.2.2 Réévaluation de nouveaux taux pour les manguiers
Le prix unitaire d’un pied de manguier adulte a été estimé à 50 000 FCFA par la Commission
départementale d’évaluation des impenses. Il faut considérer que la production de mangue
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dépend de plusieurs facteurs dont les plus déterminants sont : les variétés utilisées, les
techniques de production et les conditions du milieu.
Considérant l’absence d’informations détaillées sur la signalétique des espèces recensées, les
éléments disponibles montrent qu’il s’agit plus globalement de système de production
traditionnel. La typologie des vergers au Sénégal, classe les vergers en trois types :
(traditionnels5, traditionnels améliorés et modernes). Les éléments de description de la zone
montrent que le système se rapproche plus des vergers traditionnels.
Production annuelle escomptée d’un manguier
Les études menées dans l’analyse de la chaine de valeur mangue au Sénégal (USAID, 2006)
dans la zone de Thiès avec les acteurs, montre que le rendement moyen d’un verger de
manguier est estimé à 20 tonnes par hectare. Cette donnée cache généralement la réalité des
revenus des producteurs du fait du nombre de pieds à l’hectare généralement faible.
Se basant sur la connaissance des manguiers cultivés dans des vergers homogènes plus ou
moins denses avec des variétés à fort potentiel de développement, les études ont montré que
rarement les densités de plantation sont supérieures à 200 pieds/ha (Wikipédia, 2016).
En référence aux données du Projet, il a été évoqué des pertes de production autour de 30%
pour les manguiers de la zone. De ce fait, sur la base d’un taux similaire appliqué à cette
végétation, la densité de semis peut être estimé à 133 pieds par ha soit un rendement par pied
autour de 150 kg/an.
Prix moyen de vente
Les documents fournis montrent qu’à partir de la valorisation monétaire des productions, les
prix du kg de mangue en 2010/11 tournait autour de 98 FCFA. D’une part, les études réalisées
(ASEPEX, 2012) montrent que les prix proposés au producteur sont passés de 150 à 250 F en
moyenne. D’autre part, des indications du prix de la mangue sur le marché national (USAID,
2006) sont estimés bord champ à 200 à 250 FCFA/kg. Par conséquent, le prix de 250 F/kg a
été utilisé comme base de calcul.
Résumé des hypothèses et présentation du nouveau taux
Les hypothèses ci-dessus évoquées sont ainsi résumées:
Production annuelle d’un manguier : 150 kg Prix moyen de vente du kg de mangue produite : 250 FCFA Chiffre d’affaire annuel d’un manguier : 37 500 FCFA/manguier Charges négligeables
5 le modèle traditionnel ne respectant aucune norme en termes de densité, les vergers concernés ne sont
pas bien entretenus
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Ainsi, cette série de chiffre d’affaire moyen annuel sur quatre années actualisé au taux de 10%6
donne la valeur : 118 850 FCFA/pied.
Tableau 2: Taux de compensation revu pour les manguiers
Valeur de départ Nouveau taux
50 000 FCFA 118 870 FCFA
Cette nouvelle valeur comparée au montant de 40 000 FCFA par pied pour un manguier
mature greffé (MCA, 2013)7 montre que ce taux est largement supérieur.
Pour un manguier jeune, le prix fixé par la commission départementale sera maintenu.
Toutefois, la durée de régénération de deux (02) ans sera appliquée pour le calcul de la
compensation.
3.2.2.3 Réévaluation des taux pour les agrumes (citronnier et mandarinier)
Avec la commission, le prix des agrumes a été fixé respectivement à 13 000, 2 500 et 2 500
FCFA pour les citronniers adultes, jeunes et mandarinier. Comme dans le cas du manguier,
plusieurs facteurs cités précédemment interviennent dans la production des agrumes. Ainsi, il
sera considéré les hypothèses suivantes :
Production annuelle escomptée d’un agrume
En vitesse de croisière, un palier de production de 20 T/ha (ISRA, 1989) peut être réalisé par
les agrumes d’un verger moyennement entretenu. L’itinéraire technique proposé (Chambre
d’Agriculture Martinique, 2007) montre qu’avec une fumure bien raisonnée et irrigations, que
les rendements escomptés autour de 20 tonnes sont obtenus à partir de la sixième année.
Toutefois, pour les exploitations de type traditionnel, du fait de la dégradation des sols et
l’absence de fumure de compensation, la production de croisière est atteinte au bout de 04 ans.
Les écartements moyens recommandés tournent autour de (7*6) m soit une densité autour de
238 plants. En appliquant des pertes autour de 15%8, la densité de la population par ha dans
cette zone peut être estimé à 200 pieds par hectare d’où un rendement moyen par pied de
100kg/an.
Prix moyen de vente
Le prix du kg d’agrume représenté essentiellement par les citronniers est vendu à 250 FCF le
kg.
Résumé des hypothèses de calcul pour les agrumes
6 Taux d’intérêt moyen sur le marché
7 Norme fixée par le services des Eaux et Forêts de Saint Louis en 2012
8 Pertes naturelles
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Production annuelle d’un pied d’agrume : de 100 kg/agrumes Prix moyen de vente du kg récolté : 500
9 FCFA/kg
Chiffre d’affaire annuel par pied : 50 000 FCFA Charges négligées
Tableau 3: Taux de compensation revu pour les agrumes
Agrumes Valeur de départ Nouveau taux
Citronnier 13 000 FCFA 158 493 FCFA
Au même titre que le manguier, la valeur obtenue de 50 000 sur quatre ans réactualisée au taux
de 10% donne la valeur de 158 493 FCFA.
Pour un mandarinier jeune et citronnier jeune, le prix fixé par la commission départementale
sera maintenu. Toutefois, la durée de régénération de deux (02) ans sera appliquée pour le
calcul de la compensation.
3.3 Compensation des essences forestières
3.3.1 Analyse des résultats par rapport au code forestier
Le montant communiqué par la Commission est basé sur les pertes de revenus liés aux
essences forestières pour une période de 12 mois.
9 Prix sur la route nationale entre Dakar Pout et Thiès (aout 2016)
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Tableau 4: Taux de compensation proposé par la Commission Départementale et comparaison avec
barème
Pour les espèces à l’état naturel, le Code Forestier a fixé des montants pour les arbres ayant
atteint un diamètre d’exploitabilité. Pour ceux qui n’ont pas atteint ce seuil, il n’est pas prévu de
compensation. Or, à partir des résultats de la commission, des valeurs ont été même attribuées
à ces derniers. Ce qui dénote qu’au-delà des aspects légaux et réglementaires, des efforts sont
notés pour les PAP. L’entente avec les populations est à privilégier pour les espèces exotiques.
Par endroit, il est arrivé qu’une majoration de 15% soit appliquée pour prendre en compte les
frais d’entretien dans le cas d’un opérateur privé. C’est le cas avec le Plan d’action de
réinstallation des PAP dans la région de Kolda (Millénium Challenge Account, 2012). Tel que
décrites, les données du milieu, ne font pas paraitre une situation similaire.
Les barèmes de prix suivants font référence en général à la législation sénégalaise :
Espèces P. Unitaire
Redevance Code
forestier
Acacia holo 3 000
Anacardier ad
40 000 8 000
Anacardier j 4 000
Baobab ad 20 000 10 000
Baobab j 5 000
Dobali 12 000
Dougor 1 000
Eucalyptus ad
12 000
Forestier 1 000
Fouf j 1 000
Fuden ad 4 000
Haie vive 1 000
Kadd ad 12 000 12 000
Kadd j 1 000
Kheule ad 12 000
Kheule j 1 000
Khourete 1 000
Lung 1 000
Neem ad 7 000
Neem j 1 000
Nep nep wolof ad
6 000
New ad 10 000
Espèces P. Unitaire
Redevance Code
forestier
Nguiguis j 1 000
Prosopis ad 12 000 10 000
Rand 1 000
Rat ad 12 000
Ronier ad 30 000 15 000
Ronier j 2 000
Sap sap ad 6 000
Sawat 1 000
Sedem ad 5 000 10 000
Sedem j 1 000
Sehaw 1 000
Sendiégne ad 6 000
Seunth 1 000
Singue j 1 000
Sinth 1 000
Solom ad 5 000 12 000
Soup ad 6 000
Soump j 1 000
Sourour ad 6 000
Tamaranier ad 24 000 10 000
Vitex doniania ad
1 000
Yiir ad 10 000
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Décret portant révision de l’article 3 du Décret N° 96(572 du 09/07/1996 fixant les taxes
et redevance en matière d’exploitation forestière.
Tableau 5: Barème des prix des espèces forestières
Nature des produits (nom local de l’espèce suivi de l’appellation latine)
Diamètre minimum d’exploitation
Taux de redevance (F CFA)
ESPECES PARTIELLEMENT PROTEGES Rônier (Borassus aethiopium) Kadd (Acacia albida) Ir (Prosopis Africana) Tamarinier (Tamarindus indica) Jujubier (Ziziphus Mauritiana) Baobab (Adansonia digitata) ESPECES NON PROTEGEES Tomboïro blanc (Antiaris africana) Kapotier (Bombax costatum) Bouyoupa (Schrebera arborea) Detakh (Detarium senegalensis) Tali (Erythrophleum guineense) Sand (Morus mizosygia) Santan (Daniellia oliveri) Diobitabo (Sterculia tragacanta) Emian (Alstonia boonei) Banneto (Albizzia adiantifolia) Kossito ou Solom (Dialium guineensis) Palmier à huile (Elaeis guineensis) Autres espèces non citées
40 cm 45 cm 40 cm 40 cm 25 cm 60 cm 60 cm 50 cm 50 cm 50 cm 60 cm 50 cm 50 cm 50 cm 50 cm 50 cm 50 cm 50 cm 50 cm
15.000 12.000 10.000 10.000 10.000 10.000 15.000 12.500 12.000 12.500 15.000 8.500 12.000 10.000 12.000 10.000 12.000 8.000 8.000
3.3.2 Proposition de maintien des prix de la Commission Départementale
La comparaison globale entre les prix de la Commission et le barème de prix pour les arbres
montrent que ceux de la commission sont plus favorables aux PAP. A cet effet ces prix peuvent
être maintenus.
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1. Résultats de la réévaluation des taux
Avant de procéder à la réévaluation des taux d’indemnisation, un exercice de vérification et
d’harmonisation des données issues du fichier (PETN-commission Rapport harmonisé) a été
effectué.
Tableau 6:Synthèse des données de base corrigées (source : fichier PETN-commission Rapport
harmonisé)
Types Montant (FCFA)/recalculé Part
Cultures pluviales 70 315 164 35%
Essences forestières 24 497 000 12%
Fruitiers 106 622 500 53%
Puits 400 000 0%
Total Général 201 834 664 100%
Après vérification du fichier (PETN-commission Rapport harmonisé), il est a noté une différence
de 19 950 FCFA sur la somme globale initiale de 201 814 713. Cette différence provient d’une
erreur de calcul sur le montant du PAP (Mor Talla DIOP), qui devrait recevoir initialement
164 950 FCFA à la place de 145 000 FCFA comme indiqué sur ce fichier. Le tableau suivant
présente la synthèse de la réévaluation.
Tableau 7:Synthèse des résultats de la réévaluation
Types Taux initial (FCFA)
Taux proposés (FCFA)
Espèces fruitières
Citronnier adulte 13 000 158 493
Citronnier jeune 2 500 5 000
Mandarinier jeune
2 500 5 000
Manguier adulte 50 000 118 870
Manguier jeune 3 500 7 000
Cultures pluviales
Cultures pluviales 1 050 000 3 000 000
Essences forestières
Essences forestières
idem idem
Puits Puits 400 000 400 000
TOTAL GENERAL
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2. Conclusion
Au regard des éléments techniques, économiques et juridiques effectuées dans le cadre de la
réévaluation des compensations des PAP du projet d’énergie éolienne dans la commune de
Taïba NDIAYE.
Les données de base sur lesquelles repose l'analyse portent sur :
l’appréciation de l’écosystème décrit à partir des informations fournies ;
la relecture des données de base sur les PAP ;
l’application du Décret n° 2010-400 du 23 mars 2010, portant fixation des barèmes des
prix des terrains dans les différentes zones du territoire national ;
l’application de la Norme de performance 5 relative à l’acquisition de terres et
réinstallation involontaire ;
l’application la Politique Opérationnelle (PO.4.12) de la Banque Mondiale ;
L’analyse des données sur les cultures (Rendements, densités, productions, prix de
vente) ;
la simulation de la perte de production sur quatre (04) ans, en appliquant la Valeur
Actuelle Nette avec un taux de 10% ;
la comparaison des taux avec d’autres Projets et Programmes
Les hypothèses de calcul considérées, ont permis d’aboutir à ces nouveaux montants.
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REFERENCE BIBLIOGRAPHIQUE
R PARFONRY et Al. Les agrumes de la zone des Niayes (Sénégal). Revue sénégalaise des recherches Agricoles et halieutique : ISRA [en ligne]. 1989. Disponible sur : http://www.sist.sn/gsdl/collect/publi/index/assoc/HASHd895/38c2ec9b.dir/doc.pdf
USAID. Mango value chain - Sénégal analysis and strategic framework for subsector growth initiatives [en ligne]. 2006. Disponible sur : http://www.value-chains.org/dyn/bds/docs/601/AnalyseMangueSenegal.pdf ASEPEX. Bilan de la campagne 2012 d’exportation mangue au Sénégal [en ligne]. 2012. Disponible sur http://asepex.sn/IMG/pdf/Mangue
MILLENIUM CHALLENGE ACCOUNT SENEGAL. Plan d’Action de Réinstallation (PAR) Final - Lot 2 Terrassement – Delta Adducteurs [en ligne]. 2013. Disponible sur http://www.mcasenegal.org/mca/sites/default/files/14-amendement-n-1-par-final-delta-lot-2-vf-du-07102013-2.pdf CHAMBRE D’AGRICULTURE DE MARTINIQUE. Fiches techniques agrumes [en ligne] 2007. Disponible http://www.martinique.chambagri.fr/old/fileadmin/ca972/service/Fiches_techniques/Agrumes_07.pdf MILLENIUM CHALLENGE ACCOUNT- SENEGAL. Plan d’action de réinstallation projet de réhabilitation de la route nationale n° 6 Kolda [en ligne] 2013. Disponible
REPUBLIQUE DU SENEGAL. Journal Officiel. n° 6524 du lundi 3 mai 2010 n – s [en ligne] 2010.http://www.jo.gouv.sn/spip.php?article7991
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ANNEX IV
SOCIO-ECONOMIC BASELINE SURVEY REPORT
As per Section 11.3.1 of the implementation roadmap proposed in the Livelihood Restoration
Plan (LRP), an updated household survey was launched in February 2017 with persons affected
by the Taiba N’Diaye Wind Project (PAPs). The objective of the survey was to confirm eligibility
for livelihood restoration programs, including the identification of vulnerable households, and to
develop a more detailed baseline against which implementation of the programs can be
monitored. The following is a summary of the survey results. A broader overview of socio-
economic conditions in the Project area is provided in Section 4 of the LRP.
1. Methodology
The survey form was designed to capture the following data:
name, age and relationship to PAP of all members of each PAP’s household;
education levels / formal training completed by household members and PAPs;
household income and present livelihood activities;
total land holdings and total revenue generated from land and productive trees;
household goods and assets; and
identification of vulnerable households.
Survey questions focused on household demographics, such as gender, age, literacy, economic
activities, and disabilities of dependents, as well as household income, assets, savings, and
expenditures. Survey questions related to total land holdings, average monthly income from
land, number of productive fruit trees, and average monthly income from fruit trees were asked
only of the 150 PAPs for whom this data was missing from the results generated by the
household survey conducted by Labosol in July and August 2015.
The survey tools were designed by rePlan, an ERM Group company. The survey was carried
out by Environmental Engineering Services (EES), the local firm supporting stakeholder
engagement activities for the Taiba N’Diaye Wind Project and the external consultation that
informed the development of the LRP.
The survey was carried out over the course of three weeks in February 2017. 351 households
participated. Surveyors recorded data manually in the field. Results were sent to Lekela, who
undertook data entry directly.
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2. Data Overview
2.1 Demographics
The 351 households that participated in the survey had a total of 4,054 members, meaning an
average household size is 12. 66% of the population is 18 or older. The average age is 28. The
male to female ratio is 1.11, which is higher than average for rural communities in Senegal and
may indicate that some single men have migrated to the area.
2.2 Education
Literacy levels among households surveyed is low but not inconsistent with literacy levels in
other rural areas in Senegal. 28% of adults from the surveyed households are reported to be
able to read and write in French. The most common form of education for adults is Koranic
school, which 48% attended. 33% have attended no type of school. 8% have finished primary
school, 5% have finished secondary school, and 4% have finished university.
70% of minors of school age (4 - 17 years) are in school. Slightly more boys attend school than
girls, but the difference is marginal.
2.3 Productive Activities
The most common productive activity among households surveyed is agriculture, with 29% of
people who have worked in the last 12 months reporting agriculture as their primary activity and
35% citing it as their secondary activity.
22% report that trading and small commerce are their primary activities, with half of these
working from a kiosk and the other half walking around to sell their goods. A further 20% say
that their primary productive activity is driving. No other single trade is well represented among
the respondents. 42% of those currently working have a secondary activity.
Only 3% of the surveyed households reported a handicap that prevents them from working.
Most of these cases are people who are too old to work, although 1% of respondents reported a
physical handicap and 0.5% reported a hearing impairment.
2.3 Revenue & Assets
60% of households surveyed were willing to report their revenues. Of those reported, monthly
revenues were between 10,000 and 800,000 CFA, with an average of 150,000 and a median of
123,000.
22% of households reported on their revenue from land and marginally more on their revenue
from trees. Households reported an average of 4.5 ha of fields and 2.5 fields owned. A total of
192 fields were reported.
30% of households reported on their ownership of productive fruit trees. 25% of all households
reported owning mango trees, with those who specified how many they owned reporting
between 2 and 700 adult trees. The average number owned is 90. Overall 4,870 adult mango
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trees and 874 young mango trees were reported. Across all species, a total of 5,086 adult trees
and 1,105 young trees were reported.
Income from land ran between 0 and 4 million CFA and averaged 500,000 CFA. Income from
trees ran between 0 and 3 million CFA and averaged 325,000.
The majority of households (82%) own animals, with 60% of households owning sheep, 31%
owning horses, 24% owning chickens, and 18% owning cattle. 18% of households own no
animals.
Overall, 38% of households reported owning radios and 87% reported owning cellphones, but
relatively few other assets were reported. For example, only about 6% of households reported
owning bicycles or solar panels.
2.4 Savings & Expenditures
91% of households surveyed were willing to report their expenses. Reported expenses
averaged 170,000 CFA and had a median of 150,000. 62% of households reporting both
revenues and expenses reported spending more than they make.
In terms of debts and savings, 36% of households say they have neither. Less than 2% of
households reported debts within the formal banking system, but 46% said that they are
indebted to friends, family, neighbours or other third parties. People tend to use these informal
networks first, but 21% also reported selling their possessions as a means to raise funds when
needed. For savings, 17% of households reported having savings; 12% of households said they
keep them at home and 7% keep them in the bank (indicating that 2% of households have
savings both at home and in the bank).
In terms of expenses, the primary expense cited – by an overwhelming margin - was food, with
93% of households saying that this is their largest expense. Slightly less than 3% of households
listed school fees, and less than 2% listed transport, medical bills or ‘other’ as their largest
expense.
In terms of factors limiting agricultural production, about 60% of respondents listed both the lack
of credit and the lack of agricultural inputs as critical factors. Half of households listed drought
and 38% listed pests. Only 1% of households say that they purchase all their food from others,
meaning that 99% of households rely on their own agricultural production in some way.
Overall, 72% of households reported food shortages over the course of the last year. A quarter
said that they do not experience shortages and 3% said they did not know.