The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) Appraisal Environmental and Social Review Summary Appraisal Stage (ESRS Appraisal Stage) Public Disclosure Date Prepared/Updated: 04/26/2021 | Report No: ESRSA01425 Apr 26, 2021 Page 1 of 11 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) BASIC INFORMATION A. Basic Project Data Country Region Project ID Parent Project ID (if any) Senegal AFRICA WEST P172422 Project Name Senegal Cadastre and Land Tenure Improvement Project Practice Area (Lead) Financing Instrument Estimated Appraisal Date Estimated Board Date Urban, Resilience and Investment Project 4/16/2021 6/15/2021 Land Financing Borrower(s) Implementing Agency(ies) Ministry of Finances and PROCASEF Project Budget Implementation Unit - Ministry of Finances and Budget Public Disclosure Proposed Development Objective The proposed Project Development Objective is to strengthen the Recipient’s capacity for the implementation of its cadastre at a national level; and to increase the number of land rights registered in selected areas. Financing (in USD Million) Amount Total Project Cost 80.00 B. Is the project being prepared in a Situation of Urgent Need of Assistance or Capacity Constraints, as per Bank IPF Policy, para. 12? No C. Summary Description of Proposed Project [including overview of Country, Sectoral & Institutional Contexts and Relationship to CPF] The proposed Project will support the Government of Senegal in designing and implementing an innovative and nationwide cadastre based on the establishment of local land offices at the municipal level and on massive property and land use rights registration operations in selected areas. In compliance with the current legal framework, the project will assist municipalities and the land administration to systematically register individual and collective land rights. The collected data will lead to the issuance of official land documents and will feed a centralized land data base operated under the Ministry of Finances. The proposed Project will provide the Government of Senegal with the Apr 26, 2021 Page 2 of 11 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) needed prerequisites to strengthen the institutions in charge of land institutions through (i) investments on key infrastructures (LIS, updated geodetic network, equipped local land offices), (ii) modernization of the land administration units and digitalization of the land registration process and (iii) investments on human capacities. Three components are being discussed with the Government: (i) Strengthening Rural Land Institutions at the municipal, regional and central levels; (ii) Support Implementation of the National Cadastre; (iii) Implementation of a Land Training Master Plan. Senegal Cadastre and Land Tenure Improvement Project (PROCASEF) features in the Bank’s Country Partnership Framework (CPF) for FY20-24 as a governmental program addressing the CPF’s “Boost competitiveness & job creation through private sector-led growth” focus area with a funding commitment from IDA-19 of US$80 million. It will provide support to the Ministry of Finance to: (i) strengthen national cadastre implementation; and (ii) improve the land use and property rights registration system in selected National Domain areas, while also contributing to the PSE- 2 strategic objectives of : (i) population livelihoods’ improvement, (ii) good public governance, (iii) private sector growth; and (iv) climate adaptation capacity building; as well as to the achievement of the land-related Sustainable Development Goals (SDGs). The PSE-2 also includes specific land-related target of land tenure security index increase from 0.68 in 2018 to 0.76 in 2023 and to reach 50th rank for Doing business by 2020. To help meet these goals, and to bring the benefits of the Government PSE-2 Program to further rural communities affected by land tenure insecurity and climate change phenomena, the PROCASEF will scale up the success of the pilot PDIDAS operations and extend and complement these achievements with innovations aimed at sustaining project benefits. Difficulties to gain access to land resources and land tenure insecurity have been already mentioned in the 2013-207 CPF as one of the key constraints for projects’ realization due to restrictive legal frame for land acquisition Public Disclosure and transfer. D. Environmental and Social Overview D.1. Detailed project location(s) and salient physical characteristics relevant to the E&S assessment [geographic, environmental, social] The project will support existing national and regional Ministry of Finance land administration entities, including the General Direction of Taxes and Domains (Direction Générale des Impôts et Domaines (DGID)) and its decentralized regional units, and the establishment of a Coordination Unit in charge of the design and implementation of the National Land Tenure Program. The project will also include technical assistance to help the ministry at central and regional levels to (i) implement and supervise field activities outsourced to qualified private operators, and (ii) coordinate various administration services. The project will also support the investments needed for the establishment of a new administrative unit in charge of the monitoring and supervision of municipalities’ land activities. Project activities will include (i) the systematic land use and property rights registration in selected areas, including quality control activities; (ii) the renovation and extension of existing administrative buildings, and construction of municipal land offices; (iii) training and additional expertise; (iv) the procurement of appropriate equipment and satellite orthoimagery; (v) the digitization of geospatial and textual data; and (vi) the densification and maintenance of a national geodetic network by setting up Continuous Operating Reference Stations (CORS) in the selected project areas that will cover the Niayes, the Petite Côte, part of the Groundnut Basin, part of Casamance and part of the Senegal River Valley. Apr 26, 2021 Page 3 of 11 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) D. 2. Borrower’s Institutional Capacity The Ministry of Finance released (on January 3, 2020) a decree for the establishment of the Project Implementation Unit (PIU) and Steering Committee. The PIU operates within the Ministry of Finance to handle project preparation activities. This present ministry is not yet familiar with the Bank’s Environmental and Social Framework (ESF), so capacity building and training will be necessary throughout the life of the project. Responsibility and oversight of the project’s overall compliance with national and World Bank Environmental and Social Standards (ESSs) will rest with the environmental and social development safeguards specialists, already recruited by the PIU, as the main staff in charge of project implementation and monitoring of safeguard aspects within PROCASEF. The two safeguards specialists, and in particular the environmental safeguards specialist, will work in close collaboration with the Directorate of Environment and Classified Establishments (Direction de l’Environnement et des Etablissements Classés (DEEC)). DEEC leads safeguards compliance for all projects in the country and in accordance with its governmental mission, it will periodically monitor the project’s compliance with the national regulations. II. SUMMARY OF ENVIRONMENTAL AND SOCIAL (ES) RISKS AND IMPACTS A. Environmental and Social Risk Classification (ESRC) Substantial Public Disclosure Environmental Risk Rating Moderate The environmental risk classification for the project at the appraisal stage is considered to be moderate, as potential risks and impacts on the environment are not expected to be irreversible. The expected environmental impacts of the project will be generally positive. However, some activities, such as construction/rehabilitation to support the establishment and maintenance of a national geodetic network by setting up Continuous Operating Reference Stations (CORS) around the country, are likely to induce potential environmental adverse impacts. The main risks and impacts identified in the ESMF are related to pollution (due to dust, noise, and poor waste management) and occupational health and safety issues (accidents, injuries, snakebites) during civil works. These are not expected to be significant due to the small-scale construction activities. They will be managed through the application of the general measures of the ESMF and any other specific measures that will be recommended by the ESIAs/ESMPs. Social Risk Rating Substantial The social risk of this project is rated as Substantial by considering the potential social impacts under Component 2, which will support land rights registration operations and could lead to a loss of access to land or resources and the delimitation of land and municipalities could impact some communities and populations in the targeted project areas. There is the possibility of the exclusion of vulnerable groups, which might not have access to relevant information regarding their rights to register land occupancy. Thus, the systematic land rights registration approach promoted by the project, as well as public awareness campaigns and close working relationships with local CSOs/NGOs will be key mitigation measures to help disseminate information about the opportunity for a land document issuance to any applicant, free-of-charge. The risk of elite capture tends to be the most pronounced when Apr 26, 2021 Page 4 of 11 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) there is a lack of clarity and transparency in the system. PROCASEF has built in technical quality and public awareness measures to combat this risk. In order to provide clarity, the RIUs will be working with the land bureaus to ensure accurate information is available on cartography and delimitation alongside the occupancy titleholders’ names. In order to provide transparency, PROCASEF will ensure communication at the local level ahead of any field operation. The communication plan envisages a 15-30 day period of awareness-raising through local announcements (e.g. radio) before any field operations to ensure high participation. The process itself will then be deploying ‘citizen surveyors’ to support the systematic registration process. This element of citizen engagement will be critical in minimizing elite capture risk. The GM will also be ready to capture any complaints as they may arise. B. Environment and Social Standards (ESSs) that Apply to the Activities Being Considered B.1. General Assessment ESS1 Assessment and Management of Environmental and Social Risks and Impacts Overview of the relevance of the Standard for the Project: ESS1 is relevant to the project due to the potential environmental risks associated with project activities, and more specifically the planned infrastructure construction or rehabilitation to support the establishment and maintenance of a national geodetic network by setting up Continuous Operating Reference Stations (CORS) around the country under component 1: Strengthening land institutions and investing in infrastructures. The specific location of project activities is being determined. The Borrower has prepared an Environmental and Social Management Framework (ESMF) to examine the risks and impacts of the project, and to provide guidance on the appropriate site-specific Public Disclosure instruments, such as the Environmental and Social Impact Assessments/Environmental and Social Management Plans (ESIAs/ESMPs) to be prepared. The main risks and impacts identified in the ESMF are related to pollution (due to dust, noise, and poor waste management) and occupational health and safety issues (accidents, injuries, snakebites) during civil works. To manage these anticipated risks and impacts, the ESMF includes general measures to avoid/minimize pollution and waste generation (dust suppression, noise control, waste management at construction sites). Further risks and impacts will be assessed by the site-specific ESIAs/ESMPs. The ESMF has been consulted upon, reviewed by the Bank, finalized by the Borrower, and will be disclosed on both the Borrower’s and World Bank’s websites before the appraisal. Applicable Social Risks associated with Land Acquisition, Restrictions on Land Use and Involuntary Resettlement could be realized within Component 2 in the case of (i) land rights of vulnerable population groups (such as ethnic groups and women) have been weakened, leading to a loss of access to and holding rights of land resources or associated livelihood and income-generation opportunities; and (ii) public land could not be allocated for the municipal land offices to be built. Mitigation measures such as public awareness and information campaigns using documentation and other communication channels in different local languages, the involvement of local coordinators speaking different local languages, and the preparation and implementation of the Social Assessment (SA) and the SEA/SH. The SA provides the following recommendations: i) assign more staff and technical resources to cadastre services, ii) work closely with local actors; administrative authorities, local elected officials, youth and women's umbrella structures, religious and customary notabilities; iii) put in place an observatory to assess shortcomings in the security program and propose corrective measures. The SEA/SH action plan recommends among any other: i) support authorized structures, such as the Senegalese Jurist Association (AJS), to set up legal clinics in some PROCASEF sites in order to provide consultation, listening, information, and support centers for GBV survivors and encourage dialogue and Apr 26, 2021 Page 5 of 11 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) communication with influential people, parents, women, and youth; ii) set up SEA/SH monitoring and alert committees in the areas where we work, with the undisputed involvement of community members. In terms of composition, half of the members of these committees in charge of monitoring and alerting about SEA/SH cases should be women; iii) involve all the organizations concerned in community involvement for active listening sessions and associative exchanges in order to allow communities to build their own social construction of the GBV phenomenon for a better knowledge of their rights and sustainable and optimal equity. Impacts related to the land acquisition will be controlled because there is sufficient space within municipal compounds or nearby areas in the residential areas of rural communes. Initial screening has been conducted to ensure that the land used for the land offices does not cause physical or economic displacement. In the unlikely event that some economic or physical displacement occurs, such impacts will be addressed through the Resettlement Policy Framework (RPF). An Environmental and Social Commitment Plan (ESCP), drawn up and agreed upon with the Bank, has also been prepared. The ESCP sets out the substantive measures and actions required for the project to meet environmental and social requirements. These measures shall be implemented within the specified timeframes, and the status of implementation will be reviewed as part of project monitoring and reporting. The ESCP will be updated to take into account findings of the subsequent environmental and social assessment, the World Bank’s environmental and social due diligence, and the results of engagement with stakeholders. The ESMF includes monitoring commitments. The environmental and social management plans (to be elaborated on by the contractors/subcontractors to be hired for the civil works) will also include monitoring commitments. The World Bank will require quarterly Environmental & Safety (E&S) monitoring performance reporting during implementation. This regular monitoring and reporting on the agreed project indicators will include the timely, Public Disclosure efficient, and effective implementation of the ESMPs and RAPs. It will also report on aspects of resolving complaints and grievances comprising Sexual Exploitation and Abuse/Sexual Harassment (SEA/SH) cases regarding project activities. Any severe/serious incidents/accidents will be reported within 24/48 hours of occurrence. Given the fact that the Borrower has requested a project preparation advance, an Environmental and Social Commitment Plan (ESCP), and a Stakeholder Engagement Plan (SEP), which will only cover the activities financed by those funds for this specific period, have been prepared. Environmental and social specialists have been recruited within the PIU to guide the preparation of safeguard instruments and will be maintained throughout the project implementation. ESS10 Stakeholder Engagement and Information Disclosure The Borrower, in collaboration with the Bank, has prepared a SEP, which aims at ensuring that the views and interests of all stakeholders, including the local communities, are taken into consideration throughout the project. The SEP has been consulted on and is being reviewed by the World Bank, finalized by the Borrower, and disclosed on both the Borrower’s and World Bank’s websites before the appraisal. The SEP includes consultations and differentiated measures to allow the effective participation of, and communication with, disadvantaged or vulnerable groups, including women. The Borrower seeks stakeholder feedback and opportunities for proposed future engagement, ensuring that all consultations are accessible, inclusive, and made through suitable channels in the local context. The project includes the appropriate institutional Apr 26, 2021 Page 6 of 11 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) arrangements needed to carry out the stakeholder engagement process. It also includes a Grievance Mechanism (GM) to handle complaints by project-affected people regarding adverse temporary or permanent project impacts. In addition to the GM, the project has also considered existing conflict resolution mechanisms to ensure sustainability in the long run. The GM is responsive to the risk of SEA/SH, if any, and the need to be accessible to a wide diversity of stakeholder groups. It also serves as a platform for continuous feedback from project-affected communities, other interested stakeholders, and implementing structures. There are existing bodies in charge of land grievances at the municipal level (commissions domaniales, which will be strengthened by the project). The new land offices and strengthened land commissions will have a sustainable GM at the Municipal level. B.2. Specific Risks and Impacts A brief description of the potential environmental and social risks and impacts relevant to the Project. ESS2 Labor and Working Conditions In general, the project footprint could be relatively discrete and will not entail a significant amount of labor. Labor camps are not required, and no labor influx is expected. The Borrower will set up a PIU that will be composed of civil servants and full and part-time consultants directly hired in accordance with national law and the requirements of ESS2 regarding “direct workers.” Labor Management Procedures (LMPs) have been developed and reviewed by the World Bank, finalized by the Borrower, and disclosed on both the Borrower’s and World Bank’s websites prior to the appraisal. The LMPs set out the requirements of Public Disclosure national law and ESS2 regarding child labor and the minimum age of workers and forbid the use of forced labor on the project. The LMP also includes a grievance mechanism for labor-related complaints. In addition, the PIU will hire local construction companies to carry out extensions to municipality buildings or for the construction of municipal premises to host the new land offices in the project areas. Furthermore, the PIU will recruit qualified service providers for the field survey activities on a competitive basis. In both cases, the PIU will comply with the ESS2 terms and conditions of employment and requirements on non-discrimination, workers’ organizations, and child labor and forced labor related to “contracted workers.” The PIU will also implement the workers’ GM easily accessible to all direct workers, contracted workers, and primary supply workers for labor grievances. ESS3 Resource Efficiency and Pollution Prevention and Management ESS3 is relevant to the project. Given the fact that project activities associated with small-scale constructions and renovations, the project will not be a significant user of water or material resources. Anticipated risks related to pollutions will not be significant and will be managed by the application of measures such as dust suppression, noise control, waste management (including painting materials) at construction sites as recommended by the ESMF. Further risks related to hazardous substances such as asbestos will be assessed by the site-specific ESIAs/ESMPs and adequate mitigation measures will be recommended. ESS4 Community Health and Safety Apr 26, 2021 Page 7 of 11 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) ESS4 is relevant to the project. During construction, the Borrower will implement mitigation plans developed to manage the risks associated with construction activities to direct beneficiaries and the community. As the works will be in the municipal compounds or nearby areas in the residential areas of rural communes, the SEA/SH risks will be mitigated according to the SEA/SH action plan such as to put in place legal clinics in some PROCASEF sites in order to provide consultation, listening, information and support centers for GBV survivors and encourage dialogue and communication with influential people, parents, women, and youth. . The project will ensure the safety of communities and other visitors during the rehabilitation works by identifying general measures in the ESMF and by adopting adequate Occupational Health and Safety (OHS) protocols following World Bank Environmental Health & Safety (EHS) guidelines. These will be supplemented by measures recommended by the site-specific environmental due diligence documents. Construction areas will be secured by putting in place fences, signaling, and mitigation measures to control excessive noise and dust levels, and public use will be ensured through a robust mitigation and management plan in the ESMPs. The proposed project will support the Government of Senegal in designing and implementing an innovative and nationwide cadastre based on the establishment of local land offices. Likely SEA risks associated with the land sector in the Senegalese context are i) women’s right to land according to the tradition in some parts of the project site customary and ii) the lack of legal advice to women seeking to claim land. The Borrower has prepared a social assessment, including a SEA risks assessment. The mitigation measures necessary to address such risks will be implemented. As there will be some construction activities within the municipalities, there is the possibility of the influx of some workers, which can lead to adverse social impacts (gender-based violence and sexual exploitation) in local communities. The labor-management procedures requested under ESS2 will include measures to ensure that the health and safety of workers are given adequate attention. In addition, for each construction site, the specific Public Disclosure environmental and social assessment will recommend the measures necessary to restrict community access to the construction site during the entire work period. ESS5 Land Acquisition, Restrictions on Land Use and Involuntary Resettlement The activities related to the construction/rehabilitation of the land offices could lead to potential social impacts related to future land acquisition. The implementation of certain PROCASEF investments, in particular those concerning the construction or rehabilitation of land offices or regional offices and land tenure security operations, could lead to (i) property boundaries between third parties; (ii) reveal an overlap of rights and generate claims; (iii) boundary problems between village lands or neighboring communes; (iv) encroachments on the boundaries between uses and vocations (housing areas, agricultural areas, pastoral areas, etc.), with the result that there is a risk of losing land that will generate economic or physical displacement of the people affected. The result is the risk of land loss, which will lead to economic or physical displacement of the people affected. At this appraisal stage of the project targeted areas are still being determined, a Resettlement Framework has been prepared, and will be published before the project’s negotiation. The RPF clearly indicates the procedural framework to be followed for land acquisitions, should this be necessary. These documents guide the investments that will enable the project to be implemented in a socially sustainable manner. The RPF considers national laws and relevant World Bank ESSs. Apr 26, 2021 Page 8 of 11 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) ESS6 Biodiversity Conservation and Sustainable Management of Living Natural Resources The project does not involve biodiversity conservation and the sustainable management of living natural resources. The ESMF developed by the Borrower contains mitigation measures to help manage biodiversity issues for the different types of activities funded. The systematic land registration and demarcation exercise should not take place within protected areas and wildlife corridors, due to possible negative impacts on biodiversity and protected species resulting from subsequent private land use. The screening process under the ESMF will avoid the registration of land rights in existing protected areas and wildlife corridors. Once the final project areas’ selection is done, the Ministry of Environment and Sustainable Development will be contacted to get access to the most up-to-date data on protected areas and wildlife corridors to exclude them from the scope of operations. Under Component 2, the project will invest in Protected Areas mapping and will provide the targeted Municipalities with related geospatial data that will be included in the Land Information System. As such, PROCASEF has not planned any activities in protected areas. However, it is possible that during implementation as lands are undergoing delimitation, there may be parcels in PROCASEF municipalities (rural or peri- urban) that may border what is considered a protected area, even though due to the lack of a cadastre its boundaries were not previously known. In this case, there may be a possibility that some individuals, unknowingly (due to the lack of previous boundaries) may be occupying or using parcels in this protected area. In such cases, the individuals will not have their ‘occupancy rights’ confirmed through the Project. Where large numbers of people are affected such negotiations may need to include other organizations who control these lands to determine the best approach Public Disclosure to land use planning and management to minimize further encroachment. ESS7 Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities This standard is not considered relevant as there are no Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities currently identified in the project area. Should the presence of indigenous communities be confirmed through further screening during implementation, the necessary assessments, consultations, and instruments will be undertaken per the requirements of this standard. ESS8 Cultural Heritage Though there is a priori no cultural site in the project areas, attention will be paid to ensure that land registration takes into consideration the boundaries and ownership of sites and places recognized as cultural heritage by local communities. The proposed operation will have limited infrastructure works including excavations. These types of activities may lead to the discovery of known and unknown physical and cultural resources. The Borrower will avoid impacts on both tangible and intangible cultural heritage and where such avoidance is not possible, will identify and implement measures to address these impacts in accordance with the mitigation hierarchy. The treatment of Cultural Heritage will follow Chance Finds Procedures that will be developed in the Environmental and Social Management Plan as recommended in the ESMF. These procedures will also be included as a requirement in the civil works bidding documents. Apr 26, 2021 Page 9 of 11 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) ESS9 Financial Intermediaries This ESS is not relevant as the project is not an FI operation. C. Legal Operational Policies that Apply OP 7.50 Projects on International Waterways No The project is not relating to an International Waterway as defined in OP 7.50, including ground waters. The project does not involve the use of an international water way. OP 7.60 Projects in Disputed Areas No The project will not finance activities that will be in Disputed Areas B.3. Reliance on Borrower’s policy, legal and institutional framework, relevant to the Project risks and impacts Is this project being prepared for use of Borrower Framework? No Areas where “Use of Borrower Framework” is being considered: Presently, application of Borrower regulations for environmental and social assessments is not being proposed for this project. Public Disclosure IV. CONTACT POINTS World Bank Contact: Andre Teyssier Title: Senior Land Administration Specialist Telephone No: 5780+38568 / 1-202-473-8568 Email: ateyssier@worldbank.org Contact: Aanchal Anand Title: Urban Economist Telephone No: +1-202-473-1886 Email: aanand1@worldbank.org Borrower/Client/Recipient Borrower: Ministry of Finances and Budget Implementing Agency(ies) Implementing Agency: PROCASEF Project Implementation Unit - Ministry of Finances and Budget V. FOR MORE INFORMATION CONTACT Apr 26, 2021 Page 10 of 11 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) The World Bank 1818 H Street, NW Washington, D.C. 20433 Telephone: (202) 473-1000 Web: http://www.worldbank.org/projects VI. APPROVAL Task Team Leader(s): Andre Teyssier, Aanchal Anand Practice Manager (ENR/Social) Aly Zulficar Rahim Cleared on 21-Apr-2021 at 09:44:2 GMT-04:00 Safeguards Advisor ESSA Nathalie S. Munzberg (SAESSA) Concurred on 26-Apr-2021 at 18:30:41 GMT-04:00 Public Disclosure Apr 26, 2021 Page 11 of 11