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

2. 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.

3. 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

4. EMERGING LESSONS SERIES FROM
23 YEARS OF EXPERIENCE

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

6. 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

7. 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

8. 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

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

10. 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.

11. 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.”

12. 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

13. 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.

15. www.inspectionpanel.org The Inspection Panel
The World Bank, MSN : MC
1818 H Street, NW
Washington, DC 20433, USA
Tel : | Fax: