Presentation by Jamie Skinner (IIED) at World Water Week 2015 in Stockholm in the context of the side event: 'Towards socially just and economically viable dams in West Africa' (GWI West Africa).

1. 23 August 2015| 1
Global Water Initiative – West Africa
Global Water Initiative – West Africa
www.gwiwestafrica.org
Safeguarding rights and sharing benefits:
governance considerations around dams in
West Africa
Jamie Skinner
International Institute for Environment and Development

2. 23 August 2015| 2
Global Water Initiative – West Africa
www.gwiwestafrica.org
Towards more equitable outcomes
from large dams
• Effective compensation of lost assets for affected people
• Secure rights to new resources and resettlement housing
• Sharing of benefits to support local livelihoods and
development over the dam’s lifetime
Achieved through
• Effective participatory planning
approaches involving legitimate
community representatives

3. 23 August 2015| 3
Global Water Initiative – West Africa
www.gwiwestafrica.org
Customary rights vs modern legal rights
• Hybrid situation in most countries
• Pre-dam situations are dominated by customary rights,
while post-dam situations apply modern law
• Dam- affected people often resettled on intensive rice
irrigation schemes
• Gradual recent trend towards modern codification of rights
with fewer central powers of the state (democratisation,
decentralisation).
• In the land sector, allocation of modern secure leases to
large private investors has helped crystallise the irrigated
land tenure security discussions for small farmers.

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Global Water Initiative – West Africa
www.gwiwestafrica.org
Water security
• Water is managed and allocated by the state. In most
cases this is not codified but implicit through extensive
public ownership and management of infrastructure.
• Ricefields use anything from 14,000 m3/ha/crop (wet
season) to 25,000 m3/ha/crop (dry season)
• Farmers access water by applying for land in public
irrigation schemes, where rice is the pre-determined
crop.
• Income from rice cannot cover investment costs –
public subsidy essential

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Global Water Initiative – West Africa
www.gwiwestafrica.org
Public vs private land title
Full State control Full private title
• Govt allocates land
• Non payment of water fee can
lead to eviction
• Non respect of conditions leads
to eviction in many cases
• No renting, transfer of land
• Govt ensures O&M
• Little documentation
• No clear legal rights of
succession/inheritance
• Informal flexibility through
negotiation and practice
• Farmers hold private title
• No government involvement
• Annual mortgage payments to
revolving fund
• Rights to sell, rent and inherit
• Association manages O&M
• All documented and registered
under modern law
• Titles can serve as bank
gurantees
What does « security » mean in this context ?
Eg Alatona project, Mali

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Global Water Initiative – West Africa
www.gwiwestafrica.org
Land and water security - perspectives
Government views
• Public funds are being used and State needs to keep control. $10,000-$20,000/ha + dam
• Farmers are fortunate to receive plots and public investment reduces poverty
• If farmers have secure rights there is a risk they will sell up, or lease out land. Why
should individuals profit from public funds in this way ?
• As a last resort, farmers who don’t pay water fees should be evicted
Farmers views
• We are working for the government, not ourselves
• Land allocation processes are subject to elite capture (civil servants, politicians)
• Water fees are too high (and mismanaged due to corruption)
• How can my family members rights be protected (inheritance and fragmentation)
• We are nervous about allowing land to be used as collateral for bank loans
• Small farmers should have the same tenure security as large investors

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Global Water Initiative – West Africa
www.gwiwestafrica.org
Recent policy trends in securing rights
• Mali land tenure law (draft)
• Irrigation schemes are being legally registered as state
land to allow subsequent govt-farmer contracts
(under negotiation) to be legally valid (Burkina, Niger,
Mali)
• Donors (World Bank, USAID, AfDB, AFD) requiring
more secure tenure for resettled farmers (notably as
compensation for lost land)
• Recent new legal tools (leases in Niger, private titles
and leases in Mali and Burkina)

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Global Water Initiative – West Africa
www.gwiwestafrica.org
Broader considerations
More rights for farmers necessarily requires adjustments to
the central role of the State in rice irrigation – needs strong
political will.
Improved security for farmers has been helped by legal
requirements concerning « just » compensation of traditional
resources assets lost in public interest projects (and donor
support).
The FAO voluntary guidelines and African Land Policy
Initiative help focus political attention on land tenure
Until such time as land ownership is secure and clearly
codified, it will be challenging to discuss steps towards
individual water rights and water security

9. 23 August 2015| 9
Global Water Initiative – West Africa
www.gwiwestafrica.org
Rights
Private property Yes No No
Use rights Yes No Yes
Right to inheritance Yes No Yes
Traditional
lands
On
irrigation
schemes
Lease in
perpetuity
Observations
Right to sell land Yes No No Lease can be sold
Right to rent land Yes No Yes
Comparing rights to traditional land, normal practice in
irrigation schemes and the new lease in perpetuity (Niger)

10. 23 August 2015| 10
Global Water Initiative – West Africa
www.gwiwestafrica.org
Access to new resources in absence of
customary rights
• Irrigation schemes are offered as compensation, but they have
conditions (payment of water fees; capacity to adapt to intensive
cultivation, payment for inputs etc). Not always clear what « the
deal » is as compensation.
• Attribution of irrigated land is controversial (eg locals vs
immigrants; civil servants vs farmers vs agribusiness etc)
• Government is often unable to manage expropriated land when
social conflicts arise (eg Bagré) due to parallel customary rights
and modern laws.
• How should the reservoir fishery be managed ? Open or closed
system ?

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Global Water Initiative – West Africa
www.gwiwestafrica.org
How can local communities benefit from
hydropower ?
• Electrification of resettlement villages (increasingly seen as good practice)
• Proposal for a local development fund to receive 3% of revenue from
hydropower sales
In many cases, when project financing dries up (c.10 yrs into project), no funds are
available to tackle unexpected issues or degradation of compensation/mitigation
investments.
Revenue stream can support local development through the lifetime of the dam and
meet needs of communities.
Proposal for 3% of hydropower revenues directed to a local fund at Kandadji dam
(c. $600k/yr). 2010 Constitution allocates natural resources to communities. Fund
managed by local communities via municipalities.
Flexible finance supports prioritised local development investments over decades.

12. 23 August 2015| 12
Global Water Initiative – West Africa
www.gwiwestafrica.org
How can local communities benefit from
Kandadji hydropower ?
• Local development fund could receive 3% of revenue from hydropower
sales
1. Community Investment fund (collective services eg health water, education)
2. Support to local economic activities
3. Fund for vulnerable households
4. Environment fund
5. Capacity building fund
38,000 resettlers so only around $15/person/yr if $600k per year (tbc when final
electricity price known)
Electricity code needs to be modified.
Provisions for the fund included in ToR for the power plant operator.
Final policy decision pending.

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Global Water Initiative – West Africa
www.gwiwestafrica.org
Policy framework
Niger Basin Authority – Annex 1 (Article 50)
Draft ECOWAS Regional Directive (Article 42)
Obligation to share benefits with local populations
Strong national legislation is key for initial
compensation provisions.

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Global Water Initiative – West Africa
www.gwiwestafrica.org
Bagré, Burkina Faso
Niandouba / Confluent, SenegalSelingué, Mali
Selingué, Mali