The political context of the environmental sector and management of protected areas as well as the context of implementation of the ALBIA Project is marked by the existence of relevant policy documents, the main ones being: the National Action Programme to Combat Desertification (PAN/LD), the National Strategy for the Conservation and Sustainable Use of Biological Diversity, March 1999,the National Programme for Adaptation to Climate Change (PNACC), the National Strategy for Sustainable Development of Chad (SNDDT). In addition, the National Strategy to Combat Gender-Based Violence (SNVBG) and the Plan of Action on Sexual Violence 2014-2019 aim to bring a plus in the fight against sexual violence in addition to the existing laws.
The implementation of these policies required the prior definition of an institutional, legislative and regulatory framework within which environmental actions in Chad are now carried out. Thus, at the legislative level, Law No. 014/PR/98 of 17 August 1998 was promulgated, which is the basis of the national environmental protection policy, as well as Law No. 14/PR/2008 promulgated on 10 June 2008 on the Forestry Code and Law 14/PR/08 of 10 June 2008 on the regime of forests, fauna and fisheries resources. It defines the general principles of environmental protection in Chad.
xxviii In addition to this, one can also note the conventions signed or ratified by the country and also the environmental and social standards of the World Bank, in this case those considered relevant to the Project. Thus, of the ten World Bank Environmental and Social Standards (ESS), eight (8), including ESS 5 (Land Acquisition, Land Use Restriction and Involuntary Resettlement), are considered relevant to the Project, which calls for the elaboration of the Functional Framework (F.F.).
SEN No. 5 applies to permanent or temporary physical and economic displacement resulting from the following types of land acquisition or land use restrictions where such acquisition is undertaken or restrictions are imposed in the course of project implementation:
Land rights or land use rights acquired or restricted by expropriation or other procedures mandatory under national law ;
Land rights or rights to use land acquired or restricted as a result of agreements negotiated with landowners or persons with a legal right to such land, where the failure of the negotiations would have resulted in expropriation or other such procedures;
Land use restrictions and limitations on access to natural resources that prevent a community or certain groups within that community from exploiting resources located in areas over which they have ancestral or customary occupancy rights or recognized use rights. These may include situations where protected areas, forests, biodiversity areas or buffer zones are formally established as part of the project;
Resettlement of populations occupying or using land without formal, traditional or recognized use rights prior to the project eligibility deadline;
Displacement of populations due to the fact that their land is rendered unusable or inaccessible as a result of the project;
Restrictions on access to land or use of other resources, including public goods and natural resources such as marine and aquatic resources, timber and non-timber forest products, freshwater, medicinal plants, hunting, gathering, grazing and cultivation areas;
Land rights or claims to land or resources ceded by individuals or communities without full payment of compensation; and
Land acquisition or restrictions on land use that were observed prior to project commencement, but that were undertaken or committed to in anticipation of or in preparation for the project.
At the institutional level, project implementation involves the following actors and technical structures: the Ministry of Environment, Water and Fisheries (MEEP) through the Directorate of National Parks, Wildlife Reserves and Hunting (DPNFC). From its divisions depend at the departmental level the wildlife sectors which also come under the provincial delegations (general secretariat of the Ministry). The MEEP's partner ministries are : the Ministry of Production, Irrigation and Agricultural Equipment (MPIELA), the Ministry of Livestock and Animal Production (MEPA), the Ministry of Finance and Budget, the Ministry of the Civil Service, Employment and Social Dialogue; the Ministry of Public Health (MSP), the Ministry of Tourism Development, Culture and Handicrafts, the Ministry of Territorial Administration, the Minister of Mines, Industrial and Commercial Development and Promotion of the Private Sector, the Minister of Women, Early Childhood Protection and National Solidarity, the Minister Delegate to the Presidency of the Republic, responsible for National Defence, the Security of Veterans and War Victims, and the Minister of Infrastructure, Transport and Opening up.
xxix G- Eligibility criteria of the populations affected by the project
Based on the principle of eligibility established on the basis of national laws and regulations and World Bank guidelines (NES 5 requirements), eligible persons will be those who have suffered relative losses:
traditional activities such as agriculture or livestock farming;
loss of income or professional activities due to restricted access to resources taken from the reserve (balanite fruits, medicinal plants, etc.);
access to Non-Timber Forest Products (NTFPs) that constitute their livelihood;
restricted access to the cultural practices of the reserve or contiguous areas.
The eligibility matrix (impact, eligibility, entitlement to compensation) is presented in the following table. For each impact, the eligibility criteria and the corresponding compensatory measures will be developed or at least finalised during the implementation phase of the Programme.
Table 3: Eligibility matrix of people affected by the project
Impacts Eligibility Mitigation measures
Change in the Functional Framework Action Plan.
Loss of jobs or activities
Be an employee of an affected activity (case of allogeneic people or any other employee working in the fields).
Compensation for lost wages for the period necessary to re-establish activity at another site.
Risk of
confrontation between villagers
and project
promoters due to the cessation of cultural activity (worship) project (villagers, traditional practitioners, households).
Choose a new site and do what is necessary to restore the values of the cultural activity.
Risks of clashes livestock farmers during transhumance
- Raising awareness among farmers
- Marking the corridors or passages known to the herds;
- Definition of new pasture or herd corridor;
- Compensation for the full replacement value provided for in the preparation of the Functional Framework Action Plan
Source: ALBIA Project FC Development Mission March 2020
Eligible groups and categories will thus include:
- Communities or individuals negatively affected in the practice of their activities;
xxx - landowners, as land is the indispensable substrate for the implementation of Project
ALBIA's activities