Right-of-way evacuation process






The construction of the Dakar – Diamniadio Toll Highway calls for the displacement and resettlement of  a significant number of people for each segment. The highway construction works are preceded by the preparation and implementation of the Resettlement Action Plan (PAR/RAP) which draws inspiration from the Highway Project’s Resettlement Policy Framework (CPR/RPF).

 

The Highway is built in several segments:

  1.  Malick Sy – Patte-d’Oie  segment  (6.5 km)

  2.  Patte-d’Oie – Pikine  segement (5 km)

  3.  Pikine – Keur Massar  segment (6 km)

  4. Keur Massar – Diamniadio  segment (16 km)

 

The implementation of the RAP is supported by various government agencies which can be invited to participate depending on  their areas of competence :  The Land Registration and Stamp Department, the Estates Collector, the Ministry of  Finance and the Economy, the Ministry overseeing the project, the Commission responsible for the control of operations on State-owned land, the Conciliation  Commission; the regional and national soil assessment Commissions, the ad hoc Committee for the supervision of right-of-way evacuation operations in connection with  major State projects, the Dakar Operational Group and the local authorities affected by the project, etc. Besides, APIX could initiate the creation of one or several experts’ groups, often NGOs, who can participate in the implementation of the RAP.

Legal framework  

National land tenure system

  • Law 64-46 on the national estates 

  • Law 76-66 on State Estates Code

  • Civil Code and Decree of 26 July 1932

Expropriation procedures

  • General procedures

  • Procedures according to land category

Procedures of OP 4.12 of the BM

Institutional framework

Structures involved in the resettlement

  • Ad hoc committee in charge of supervising right-of-way evacuation operations and major State projects 

  • Task Group

  • Administration (State property, Cadastre. Town  Planning…)

  • Conciliation  Commission

  • APIX + support structures  

The Conciliation Commission

  • Members: Governor. State Property Services. Regional Public Works Service. Mayor of  Dakar

  • Observers: Task Group... APIX. NGO. CSPM

  • The Commission also examines the case of structured businesses even if they do not own property.

  • The conciliation commission holds several meetings to examine the affected persons’ records.  To date, several request have been examined; 98% of these were approved while  2% were  disapproved

Structures in charge of facilitation and mediation in the field

  • Patte d’Oie – Pikine : NGO ENDA www.enda.sn.

  • Pikine - Keur Massar : recruitment of  2 structures entrusted with providing social support.

  • Keur Massar - Diamniadio : recruitment of a  structure to support persons affected by the projects.