2.2 Land Tenure Context and Arrangements

The terrain of the lot is flat in nature with sand-lateritic soil with acacia and mango trees surrounding the perimeter (Kaira Looro, 2021). As there is sufficient amount of vacant space on the lot for a 200 metre square building envelope and an interconnected landscape design, there is no requirement for the clearing of the vegetation, nor extensive bulk excavation of the foundations. This is an important consideration as the restricted budget requires a conservative and mindful approach to the scope of works. The proposed sites vicinity from the geographical feature of the river bank is considered at a safe distance in which it will not be affected by rising sea levels and increased intensity and frequency of heavy rainfall events caused by climate change in the imminent future, however, it has been projected that the rise in seas level will reach forty centimetres along Africa’s Atlantic Ocean coastline shortly after 2050, which will see populations situated near bodies of water at risk of being submerged and increase vulnerabilities of communities to flooding events (Zamudio & Terton, 2016). However, as it is not of imminent threat to the Women’s Centre, the risk of increased flooding will be considered in the design and permanent nature of the building envelope.

Figure 26 and 27 Proposed site of the Women’s Centre in Baghere

Kaira Looro, (2021).

2.2 Land Tenure Context and Arrangements

By Alexandra Weller

The term land tenure is recognised as a relationship, either legally or customarily defined, among people, as individuals or groups, with respect to land (Food and Agriculture Organisation of the United Nations (FAO), 2002). This relationship is defined by the government to regulate how property rights to land are allocated, used and controlled (FAO, 2002).

In the context of Senegal, following its independence as a French colony, the National Domain Law of 1964 was established to achieve the harmonisation of formal law and customary land rights (Hesseling, 2009). Under the land tenure regime, there are three categories; the first being the State Domain, which is subdivided into a private and a public domain and regulated by Law 76-66 of 1976; the second category is the Private Domain which is concerned with the reorganisation of the landed property regime in French West Africa, and is regulated by the Decree of 1932; and the third category is the National Domain, which according to Article 1, consists of “all the lands that do not pertain to the public domain, lands that are not registered or of which the property has not been inscribed in the register of mortgages at the date at which the present law takes effect” (Hesseling, 2009, p.249), and is regulated by the National Domain Law of 1964. The characteristics of land are itself divided into four categories according to their vocation; urban zones; classified zones; zones de terroirs; and pioneer zones (Hesseling, 2009 & Faye, 2008).

The land tenure regime is important to recognise as it stipulates the land tenure arrangements which would be enforced in the village of Baghere and the acquisition of land for the Women’s House. Although there is a lack of official data pertaining to the categories of land and their regulatory status as a whole in Senegal, the assumption is made that the proposed lot in Baghere would be categorised as National Domain land, which is not the object of individual property but only of use rights (Faye, 2008). It is public land which would be managed by the local government of municipalities and rural communities due to the implementation of the Rural Community Law of 1972 (Faye, 2008 & USAID, 2010). This is further supported by the Code of 1996, which identified nine areas of competence which was transferred to the local government, these include: management and use of state; public and government lands; environment and natural resource management; health, population and social affairs; youth, sport and leisure; culture; education and vocational training; planning; territorial development; and town planning and housing (Faye, 2008). This emphasises that the rural council and village chief in Baghere have sizeable power in regards to land tenure within their community, as they allocate and grant the use rights to their members. However, it will be the authoritative power which determines the ‘productive use’ of the land as this is not defined in law (World Bank, 2019 & Hesseling, 2009). Additionally, the period of allocation of use will be made through the deliberation of the council, however, it will remain indeterminate, as long as the beneficiary continues to fulfill the development conditions. However, by formal law, the land use can be granted for up to 30 years and is renewable, as the tenure type is recognised as a leasehold (Boulenger, Bayemi & Traore, 2005 & USAID, 2010). Importantly, this usage right is neither transferable nor transmissible in the current legal framework, meaning there are no direct transactions of sale, inheritance, subdivision or rental which can be authorised (World Bank, 2019).

Whilst the granting of real rights remain a procedure exclusively reserved for the State, the actions required to secure the land tenure and the local rights of use for the Women’s Centre, are jointly agreed upon with the region council and a central government official, following the advice from the community responsible for the site; the municipality of Baghere (Faye, 2008 & World Bank, 2019). This method is adopted as the project is initiated by an external body, Kaira Looro. However, it will remain the power of the rural council and village chief to monitor the land use and ensure the beneficiaries are able to use the land productively.