The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) Concept Environmental and Social Review Summary Concept Stage (ESRS Concept Stage) Public Disclosure Date Prepared/Updated: 03/10/2020 | Report No: ESRSC01110 Mar 10, 2020 Page 1 of 10 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 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 10/5/2020 2/24/2021 Land Financing Borrower(s) Implementing Agency(ies) Ministry of Agriculture Project Implementation Unit and Rural Equipment, - Ministry of Finances and Ministry of Finances and Budget Budget Public Disclosure Proposed Development Objective(s) The proposed Project Development Objective is to strengthen the Government’s capacity for the implementation of its cadastre at a national level; and to improve the land use and property rights registration system 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 Mar 10, 2020 Page 2 of 10 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. Project location(s) and salient characteristics relevant to the ES assessment [geographic, environmental, social] The project will support existing national and regional Ministry of Finances’ land administration entities including 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 to (i) implement and supervise field activities outsourced to qualified private operators and to (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) systematic land use and property rights registration in selected areas, (ii) renovation and extension of existing administrative buildings, (iii) training and additional expertise, (iv) procurement of appropriate equipment and satellite orthoimagery, (v) digitization of spatial textual data, including quality control activities, and (vi) densification and maintenance of a national geodetic network by setting up Continuous Operating Reference Stations (CORS) in the selected project areas that may cover the Niayes, the Petite Côte, part of the Groundnut Basin and the western part of the Senegal River Valley. D. 2. Borrower’s Institutional Capacity Mar 10, 2020 Page 3 of 10 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) The Ministry of Finance is about to release a decree for the Project Implementation Unit (PIU) and Steering Committee establishment. Their official approval by the Government of Senegal is being finalized. Meanwhile an ad hoc working group within the Ministry of Finance continues moving forward with project preparation activities. This present Ministry is not yet familiar with the new environmental and social framework (ESF). The detailed institutional arrangements for project implementation will be finalized during project preparation. An assessment will be carried out prior to appraisal to determine any actions needed to strengthen the borrower’s capacity to meet the objectives of the WBG Environmental and Social Standards. The newly established will benefit from an adequate training on the ESF. II. SCREENING OF POTENTIAL ENVIRONMENTAL AND SOCIAL (ES) RISKS AND IMPACTS A. Environmental and Social Risk Classification (ESRC) Substantial Environmental Risk Rating Moderate The environmental risk classification for the Project is moderate under the World Bank ESF based on the nature of the project activities as presently known. The risk rating will be revisited, appropriately, when more details are known. The project objective is to strengthen the Government’s capacity for the implementation of its cadastre at a national level; and to improve the land use and property rights registration system in selected National Domain areas. The expected environmental impacts of the project will be generally positive. However, some activities such infrastructures construction/rehabilitation to support the establishment and maintenance of a national geodetic Public Disclosure network by setting up Continuous Operating Reference Stations (CORS) around the country are likely to induce potential environmental adverse impacts. Given that these are general and small-scale construction activities, the potential adverse risks and impacts on human populations and/or the environment are not likely to be significant. This is because the Project activities are not complex nor large, do not involve activities that have a high potential for harming people or the environment. No adverse impacts on biodiversity and habitats are expected. Social Risk Rating Substantial The project could have potential social impacts as the Component 2: Supporting land rights registration operations 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 exclusion of vulnerable groups who might not have access to relevant information regarding their rights to register land. Thus, the systematic land rights registration approach promoted by the project will be a key mitigation measure as it will help disseminate information about the opportunity for a free of charge land document issuance to any applicant. 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 more specifically planned infrastructures construction, rehabilitation to support the establishment and maintenance of a national geodetic network by setting up Continuous Operating Reference Stations (CORS) around the country under Mar 10, 2020 Page 4 of 10 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) component 1: Strengthening land institutions and investing in infrastructures. The specific location of project activities is being determined. Therefore, the Borrower will prepare an Environmental and Social Management Framework (ESMF) including relevant ESF standards that will be reviewed, consulted upon. The draft ESMF will be disclosed in-country and on World Bank website prior to the decision meeting. Applicable Social Risks associated with - Land Acquisition, Restrictions on Land Use and Involuntary Resettlement – could be realized within the Component 2 in the case of: (i) land rights of vulnerable population groups (e.g. ethnic groups, women) have been impended 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 organization of the public awareness and information campaign using documentation and other communication channels in different local languages, involvement of local coordinators speaking different local languages and preparation and implementation of a gender action plan will mitigate these risks. Impacts related to land acquisition are negligible, if at all, because there is a sufficient choice of space within municipal compounds or nearby areas in the residential areas of rural communes. Initial screening will be conducted to ensure that the land used for the land office does not cause physical or economic displacement. In the unlikely event that some economic or physical displacement occurs, such impacts will be addressed through RPF. Regarding labor Issues, the project at this stage is unable to estimate the number of workers or labor required. However, the footprint is expected to be small, 50-60 new municipal land offices will be built (100-200 sq. m footprint), requiring on average none to 300 sq. m parcels, whereas others will be hosted within existing municipal buildings and Houses of Citizens. Majority of contract workers (skilled and unskilled) is expected to be hired from the local communities close to the project sites. So, it is not expected that there will be labor influx related issues. Public Disclosure Community Health and Safety - Project’s civil works will mainly be undertaken in limited areas. No heavy machinery and construction related traffic is expected. Also, the project design will incorporate a comprehensive project-wide GRM which will enable a broad range of stakeholders to channel concerns, questions, and complaints to the PIU (and where necessary to other actors at the local level). Particular attention will be paid to ensure that vulnerable social groups of population (ethnic groups, women), small farmers and involved construction workers who may face risks of exclusion, have avenues to voice concerns. Given the fact that the Borrower has requested a project preparation advance, it will need to prepare 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. Also, an environmental and social Specialist must be recruited within the PIU to guide the preparation of safeguard instruments. 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. This will be further assessed based on the ESMF analysis and findings. ESS10 Stakeholder Engagement and Information Disclosure At this early concept stage, there is only limited information on the likely stakeholders. However, the identified stakeholders are: Ministry of Finance and Budget and its decentralized units, Ministry of Decentralization, the land administration at the local level, namely the Land Bureaux and Land Tenure Commissions, municipalities, communities, vulnerable groups in targeted project areas and local community representatives who may be affected Mar 10, 2020 Page 5 of 10 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) by the cadaster reforms. Due to the limited details available on planned physical activities at this stage, the Borrower - in collaboration with the Bank - will prepare, by the project appraisal, an inclusive Stakeholder Engagement Plan (SEP) proportional to the nature and scale of the project and associated risks and impacts identified. Stakeholder engagement will be an integral part of the preparation and overall project design process and will continue throughout preparation. The SEP will include consultations on the proposed land location where the delimitation will occur. The SEP will include differentiated measures to allow the effective participation of and communication with disadvantaged or vulnerable groups, including women. The Borrower will seek stakeholder feedback and opportunities for proposed future engagement, ensuring that all consultations are accessible, inclusive and through suitable channels in the local context. The project will include appropriate institutional arrangements to carry out the stakeholder engagement process. The project will also include a grievance redress mechanism (GRM) to handle complaints by project-affected people regarding adverse temporary or permanent project impacts. The GRM will be responsive to the risk of GBV (if any), and the need to be accessible to a wide diversity of stakeholder groups. It will also serve 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 bureaus and strengthened land commissions will be a sustainable GRM within the Municipal level. B.2. Specific Risks and Impacts Public Disclosure 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 expected. The Borrower will set up a PIU that will be comprised of civil servants and full and part-time consultants directly hired in accordance with national law and the requirements of ESS2 regarding “direct workers”. In addition, the PIU will hire local building companies for the construction of extensions to municipalities’ buildings or of the construction of Municipal premises to host the new land bureaus in the project areas in compliance with the WB procurement policies. Furthermore the PIU will recruit qualified service providers for the field surveys 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 child labor and forced labor related to “contracted workers”. The PIU will also include a GRM for labor grievances easily accessible for all direct workers, contracted workers and primary supply workers. ESS3 Resource Efficiency and Pollution Prevention and Management ESS3 is relevant to the project. Given the fact that project activities associated with civil work are general and small- scale construction, the project will not be significant user of water or material resources. Site specific ESMPs will identify measures to avoid or minimize the release of pollutants like asbestos, lubricants, paints, etc. These would Mar 10, 2020 Page 6 of 10 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) especially relate to air pollution like dust suppression, noise management related to works and equipment, organized waste management (predominately construction debris), management of hazardous substances like paint and varnishes, all typically associated with small scale construction. ESS4 Community Health and Safety 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. Potential threats to people and communities may be posed by uncovered or barricaded or not signage spots such as excavated sites, trenches, open holes, open electric cables, etc. The project will ensure safety of communities and other visitors during the rehabilitation works by identifying general measures in ESMF and adopting adequate OHS protocols following WBG EHS Guidelines. These will be supplemented by measures recommended by the site specific environmental due diligence documents. Construction area will be secured by putting in place fences, signaling, 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 GBV/SEA risks associated with the land sector and in the Senegalese, context are: i) women’s right to land in customary law, ii) lack of legal advice to women seeking to claim land. These risks will be assessed prior to appraisal and the necessary mitigation measures included in the social assessment to be prepared. As there will be some construction activities within the communes, there is the possibility of the influx of some Public Disclosure workers, which can lead to adverse social impacts (gender-based violence, sexual exploitation) on local communities. The Labor Management Procedures requested under ESS2 will includes measures to ensure that the health and safety of workers are given adequate attention. In addition, for each construction site, the specific environmental and social assessment will recommend the necessary measures to restrict community access to the construction site during the entire work period. At this level of the project preparation, the initial GVB risk is low. ESS5 Land Acquisition, Restrictions on Land Use and Involuntary Resettlement The proposed Project will support the Government's capacity for the implementation of its cadaster at a national level; and to improve the land use and property rights registration system of Senegal. The activities under component 2 could lead to potential social impacts related to current and/or future land acquisition. Supporting land rights registration operations could lead to a loss of access to land or resources and the delimitation of land could impact some communities and populations in the targeted area. As the project targeted areas are still being determined at this level of the project preparation, an Resettlement Policy Framework (RPF) will be prepared, and, if needed, a Resettlement Action Plan (RAP) will be prepared during project implementation. ESS6 Biodiversity Conservation and Sustainable Management of Living Natural Resources Not relevant at this stage, as the project does not involve biodiversity conservation and sustainable management of living natural resources. The systematic land registration and demarcation exercise should not take place within protected areas and wildlife corridors due to a possible negative impact on biodiversity and protected species Mar 10, 2020 Page 7 of 10 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) resulting from subsequent private land use. The restrictions on registration of land rights should take into account affectations already made for protected areas and wildlife corridors and should not undertake registration activities within those areas. The final choice of the areas selected for the project is still pending, once it is known 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 operational scope. ESS7 Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities There are no Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities in the project area. 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. These procedures will also be included as a requirement in the civil works bidding documents. Public Disclosure ESS9 Financial Intermediaries This ESS is not relevant as the project is not an FI operation B.3 Other Relevant Project Risks As the Ministry of Finances which is in charge of the project hos not previously implemented a World Bank financed project, the low level safeguards awareness and capacity at the Ministry level could have an impact on the implementation of the project. Capacity building will focus on environmental and social aspects at the level of the implementing ministry/agency. The project will benefit from the experience of the land pilot activities conducted by the Senegal Sustainable and Inclusive Agribusiness Project (PDIDAS - P124018) from 2016 till now.. 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 Mar 10, 2020 Page 8 of 10 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) III. WORLD BANK ENVIRONMENTAL AND SOCIAL DUE DILIGENCE A. Is a common approach being considered? No Financing Partners The World Bank team is preparing the proposed project in close collaboration with GIZ, KFW and DFID. After consultations, it appears that the common approach will not be used. The Financing Partners will provide parallel financing. B. Proposed Measures, Actions and Timing (Borrower’s commitments) Actions to be completed prior to Bank Board Approval: - Hiring of key environmental and social specialists with adequate qualifications to prepare and implement E&S requirements, - Preparation and disclosure of Stakeholder Engagement Plan (SEP), - Preparation, consultation and disclosure of RPF - Preparation of the ESCP, - Preparation, consultation and disclosure of ESMF/ESMP for the infrastructures works, - Preparation, consultation and disclosure of Social Assessment, - Preparation/adoption of the GRM Public Disclosure Possible issues to be addressed in the Borrower Environmental and Social Commitment Plan (ESCP): - Implementation of ESMPs and schedule for monitoring of ESMPs. - Labor Management Procedures (LMP) & GBV Action Plan - Development and implementation of a proportional Health, Safety and Environmental (HSE) plan in line with World Bank Group Environment, Health and Safety (EHS) Guidelines (for construction activities); - Details about the elements and timing of activities for delivery and implementation of the SEP - Implementation of the Stakeholder Engagement Plan (SEP) - Establishment and implementation of GRM C. Timing Tentative target date for preparing the Appraisal Stage ESRS 13-Apr-2020 IV. CONTACT POINTS World Bank Contact: Andre Teyssier Title: Sr Land Administration Specialist Mar 10, 2020 Page 9 of 10 The World Bank Senegal Cadastre and Land Tenure Improvement Project (P172422) Telephone No: 5780+38568 / Email: ateyssier@worldbank.org Borrower/Client/Recipient Borrower: Ministry of Agriculture and Rural Equipment Borrower: Ministry of Finances and Budget Implementing Agency(ies) Implementing Agency: Project Implementation Unit - Ministry of Finances and Budget V. FOR MORE INFORMATION CONTACT 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 Public Disclosure Practice Manager (ENR/Social) Aly Zulficar Rahim Recommended on 11-Feb-2020 at 14:25:28 EST Safeguards Advisor ESSA Hanneke Van Tilburg (SAESSA) Cleared on 10-Mar-2020 at 14:35:23 EDT Mar 10, 2020 Page 10 of 10