The Inspection Panel STRENGHTENING RIGHTS FOR INDIGENOUS PEOPLES Gonzalo Castro de la Mata Chairman, Inspection Panel Land and Poverty Conference – March 20, 2017

INSPECTION PANEL - ORIGINS UN Conference on Environment and Development in Rio (June 1992). Flashpoint: Sardar Sarovar Dam (Narmada River, India) involving resettlement of some 120,000 people and major environmental impacts.

INSPECTION PANEL - SUMMARY Created by the Board in 1993 to: Receive complaints regarding harm caused by Bank projects Ensure compliance with Bank policies and procedures Independent from Bank management, reporting to the Board First of its kind across IFIs; Today there are 17 mechanisms 118 Requests Received as of March 2017

EMERGING LESSONS SERIES FROM 23 YEARS OF EXPERIENCE

LESSONS FROM indigenous peoples CASES 113 Requests 34 Investigated 18 Indigenous Peoples

INDIGENOUS PEOPLES LESSONS AND ISSUES PROJECT IMPLEMENTATION Stage in the Project Cycle Emerging Lessons Specific Issues PROJECT PREPARATION Lesson 1: A proper process of identification and the use of appropriate terminology helps protect IP rights and ensure that IPs benefit from project outcomes Proper assessment when project-affected peoples qualify as Indigenous Peoples in accordance with the policy Applying alternative terminologies for IPs without diluting the standard of protection afforded by the policy Lesson 2: Free, prior and informed consultations leading to broad community support are central to protecting Indigenous Peoples and their rights Indigenous Peoples’ consultation and participation should be inclusive and involve representative institutions and decision-making processes Full disclosure of project information in culturally appropriate form, manner and language Ensuring broad community support for the project and its objectives Lesson 3: Comprehensive assessments are necessary to understand potential impacts on Indigenous Peoples Comprehensive social assessments are essential for analyzing both benefits and harm Assessing legal and policy frameworks and implementation capacity Lesson 4: Provisions in Indigenous Peoples Plans are key to mitigating impacts and generating long-term benefits to Indigenous Peoples Failure to develop an IPP when required Ensuring the inclusion of IPP principles and components in the project design even when a stand-alone IPP is not required Stage in the Project Cycle Emerging Lessons Specific Issues PROJECT IMPLEMENTATION Lesson 5: Active supervision enables proper responses to changing circumstances Fully involving Indigenous Peoples in project implementation, especially when project circumstances change Deploying specialized social specialists throughout project implementation LONG-TERM BENEFITS Lesson 6: Respecting customary rights and securing culturally compatible benefits ensures the long-term well-being of Indigenous Peoples Projects must respect customary land and resource rights Providing culturally appropriate benefits

INDIGENOUS PEOPLES LESSONS AND ISSUES PROJECT IMPLEMENTATION Stage in the Project Cycle Emerging Lessons Specific Issues PROJECT PREPARATION Lesson 1: A proper process of identification and the use of appropriate terminology helps protect IP rights and ensure that IPs benefit from project outcomes Proper assessment when project-affected peoples qualify as Indigenous Peoples in accordance with the policy Applying alternative terminologies for IPs without diluting the standard of protection afforded by the policy Lesson 2: Free, prior and informed consultations leading to broad community support are central to protecting Indigenous Peoples and their rights Indigenous Peoples’ consultation and participation should be inclusive and involve representative institutions and decision-making processes Full disclosure of project information in culturally appropriate form, manner and language Ensuring broad community support for the project and its objectives Lesson 3: Comprehensive assessments are necessary to understand potential impacts on Indigenous Peoples Comprehensive social assessments are essential for analyzing both benefits and harm Assessing legal and policy frameworks and implementation capacity Lesson 4: Provisions in Indigenous Peoples Plans are key to mitigating impacts and generating long-term benefits to Indigenous Peoples Failure to develop an IPP when required Ensuring the inclusion of IPP principles and components in the project design even when a stand-alone IPP is not required Stage in the Project Cycle Emerging Lessons Specific Issues PROJECT IMPLEMENTATION Lesson 5: Active supervision enables proper responses to changing circumstances Fully involving Indigenous Peoples in project implementation, especially when project circumstances change Deploying specialized social specialists throughout project implementation LONG-TERM BENEFITS Lesson 6: Respecting customary rights and securing culturally compatible benefits ensures the long-term well-being of Indigenous Peoples Projects must respect customary land and resource rights Providing culturally appropriate benefits

Lesson 6: Respecting customary rights and securing culturally compatible benefits ensures the long-term well-being of IPs a. Projects must respect customary rights to land and natural resources

DRC Transitional Support for Economic Recovery Credit and Emergency Economic and Social Reunification Support Project

THE PROJECT (2003) At the heart of the Central African Rainforest. Bank re- engaged in 2001 after a decade of conflict. Forest zoning plan and new forest concession system Forests home, livelihood, and cultural identity for 250,000 to 600,000 Pygmies.

The COMPLAINT TO THE INSPECTION PANEL From Indigenous Pygmy Organizations New concession system “would cause irreversible harm to the forests where they live and on which they subsist.” Project “violates their rights to occupy ancestral lands, manage forests and resources according to traditional knowledge and practices, and protect their cultural and spiritual values.” Indigenous Peoples “not consulted or receive information about project.”

INVESTIGATION RESULTS While recognizing importance of Bank's engagement in the sector: No Environmental Assessment prepared for forest-related activities and lack of community involvement. Project categorized as “B” despite potential significant social and environmental impacts. Failure to identify the existence of Pygmies and thus trigger Indigenous People’s Policy, and prepare an Indigenous Peoples Plan. Lack of identification of the cultural property and spiritual values of the forests to Pygmies. Potential restriction of access to livelihood sources. Impacts on customary rights to land and resources

POSITIVE OUTCOMES OF THE CASE Recognition of Pygmies as Indigenous Peoples by the Bank. Integration of Indigenous Peoples as a cross-cutting theme in Bank activities in DRC. Recognition of Pygmies as Indigenous Peoples by DRC government. Community-managed forest concessions and National Development Strategy for the Pygmies (with Bank support). Strengthened capacity of the Pygmies to advocate for their rights.

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