THE INSPECTION PANEL
PROCESS, CONSTRAINTS
AND CASES
NGO-Forum/African Commission on Human and
Peoples’ Rights
Banjul April 19, 2015
ORIGINS
• Created by the Board of Executive Directors in 1993 to:
 Provide an opportunity for affected people to complain when World Bank
projects cause harm to them or their environment.
 Ensure compliance with Bank policies and procedures and Bank
(Management) accountability
• Backdrop
 Rio 1992 – Principle 10 (right to know, participate, seek recourse)
 Bank learning (emergence of Policies – “development disasters”)
• The need for an independent process and findings
1
CHARACTERISTICS
Reports only to the Board of Executive Directors. Independent from
Bank Management
Three Panel Members, appointed for five-year non-renewable
term. Small Permanent Secretariat at World Bank
Focuses on the World Bank as institution and its actions and
omissions in ensuring borrowers comply with Policies
Concerns must have been raised with Management prior to
presenting first (not necessarily by Requesters)
All reports prepared by Panel and Management as part of Panel
process are made public
2
WHO USE THE MECHANISM
• Primarily local community of at least two
people or local organization, or
representative, on behalf of affected people
(some international NGOs have
increasingly become specialized in
assisting local NGOs in filing complaints)
• In exceptional circumstances, a foreign
organization on behalf of affected people, if
local representation is not available
• An Executive Director of the World Bank
3
THE PROCESS
Eligibility Phase
Registration of Request
•
•
Panel
Receives
Request
Pilot
Approach for
Early
Solution
(consensual)
Proposed
Management
Steps/
Measures
Investigation Phase
•
Panel’s Investigation
Management
Deferral
Report
Response
•
Management Action
Board No-Objection
Plan
Registration
or NonRegistration
Pilot to be
reviewed
before
streamlining
Non-Registration
4
PANEL CASES
102 Requests Received as of March 2015
10 Ongoing Cases
Requests Received per Year
Regional Distribution of Requests
14
South Asia,
22
12
12
Africa, 30
10
9
8
8
6
Middle East
and North
Africa, 4
6
6
5
4
4
4
4
3
3
2
2
2
2
1
0
0
8
7
6
2
8
0
1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
No. of Cases
Linear (No. of Cases)
Latin
America &
Carribean, 25
East Asia
and the
Pacific, 6
Europe and
Central Asia,
15
5
IAM-Net (link)
Mechanisms
Structures &
Functions
Since the creation
While IAMs differ in
of the Inspection
structure and
Panel other IFIs
functions/services,
(and some bi-
collectively they
laterals)
share a common
established similar
mission to
mechanisms ---
independently
the Independent
assess people’s
Accountability
complaints and seek
Mechanisms, or
a response to their
IAMs
concerns
6
HUMAN RIGHTS CLAIMS – CONSTRAINTS
1. Examples
•
•
•
•
Security related (violence, retaliation, exclusion)
Labor conditions (child and forced labor - TIP)
Exclusion (IPs, Disability, LGBTI, …)
Economic and social rights (water, housing, land rights,
benefit-sharing)
2. Panel Position
•
Human Rights embedded in the Bank’s safeguard policies –
thru compliance reviews, Panel contributes to their
fulfillment
3. Constraints/Limitations
•
•
•
Extent/coverage/clarity of Policies
Variance in interpretations/practices (sometimes between
Bank-Regions)
Panel process
7
HUMAN RIGHTS VIOLATIONS - CHAD-CAMEROON PIPELINE
(CHAD)
1. Summary
•
•
•
Pipeline to export oil from Doba Region in Chad, through Kribi in Cameroon (1K+ KM).
Allegation Bank failure to apply policies on “respect for human rights, proper governance”.
GoC “indulged in political repression, coercion, and torture, which had stifled free and open debate
and inhibited the Requesters and other elements of civil society from participating in the design and
implementation of the projects under consideration” (10-year book).
2. Results and Challenges (Investigation)
•
•
Assessing reality pertaining to human rights is not in Panel’s mandate. However, Panel “felt it was
appropriate to examine whether human rights violations in Chad were such as to impede the
implementation of the project in accordance with the Bank’s policies.”
Investigation Report (July 23, 2002) concluded human rights violations “were so severe as to call into
question compliance with Bank policies on informed and open consultations.”
3. Retaliation against complainants (Human Rights defenders)
•
“The Panel stands ready to report to the highest authorities any instances of pressure or reprisal
faced by Requesters—both to limit the negative ramifications on all people’s desires to put forth
claims, and as a fundamental concern for human rights” (15-year book).
8
CHILD & FORCED LABOR - COTTON HARVESTING
(UZBEKISTAN)
1. Summary
Allegation Project contributes to perpetuation of Government organized forced and
child labor.” Project provides sub-loans through FIs to agribusinesses in 7 regions.
After complaint was submitted, Management acknowledged shortcomings in
assessment of Project risks – child and forced labor. Action Plan:
• All legal documents adjusted to conform with national and international regulations
(including ILO Conventions)
• Training materials modified to address child and forced labor
• Third-Party Monitoring (TPM) across portfolio and GRM
• Scaled up supervision
• Enhanced Policy Dialogue with Government and other Development Partners
Panel deferred Recommendation (12 months) to allow Action Plan implementation
2. Results and Challenges (Deferred Recommendation)
•
•
•
Final Recommendation was to not investigate due to significant progress with
Action Plan including marked reduction of child labor
Although TPM was not yet operational an MoU was signed with ILO to undertake it
Management committed to update Board in 12 months (expected by December
2015 - January 2016)
Some stakeholders expressed concern that process stopped (Panel is “out”)
9
INDIGENOUS PEOPLES – RIGHTS & INCLUSION
(DRC)
1. Summary
November 19, 2005, Panel receives Request (discussions January 15, 2008)
Main claim that Pygmy Peoples (Mbuti, Efe, Twa, Aka and Baka, ...) not identified as Indigenous Peoples
As a consequence: i) lack of consultations and exclusion from participation in Project activities (concession
review); ii) sharing Project benefits; iii) denial of the distinct identity of Pygmies with an ancestral rights to the
forest and its resources; and iv) denial to manage the forest as a Pygmy community.
2.Results and Challenges (Investigation)
“Presidential Decree” recognizing presence of indigenous communities in proximity to the titles under
consideration (first time when the term “indigenous communities” was used in a legal text of DRC)
Commission reviewing concession titles include permanent IP representative and IP representing community
where the concession in given
•
•
•
Bank’s failure to trigger IP Policy and prepare an Indigenous Peoples Development Plan (IPDP), lead to
ignoring critical interests and needs of IPs: i) improved baseline data; ii) identification of livelihoods &
culture needs; iii) strategy for local participation; &, iv) assessment of legal framework of IP importance
“especially concerned” about the delay in developing implementing regulations concerning customary
forest rights, including i) for “community forests,” and ii) in supporting small-scale forest-based enterprise.
August 2, 2014, Decree recognizing customary local communities’ ownership rights over forest
concessions. Are no greater than a total of 50,000 ha/concession
10
INTERNATIONAL RECOGNITION – CONSTITUTIONAL & LEGISLATIVE
PROTECTION OF RIGHTS OF IP IN 24 AFRICAN COUNTRIES
ILO & AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS (2009)
http://www.chr.up.ac.za/chr_old/indigenous/overview_report/ILO_overview_report_web.pdf
•
In Central Africa, living in forested areas, especially around the Great Lakes region, is “the most
important indigenous grouping in Central Africa” – the ‘Pygmies’
“Members of this group mostly are regarded and regard themselves as having a valid claim to being the
original inhabitants of the forests of Central Africa.” They live in scattered areas including in Burundi, the
CAR, Cameroon, Congo, the DRC, Gabon, Rwanda and Uganda…
They dependent on hunting, gathering, fishing and pottery, “these groups
traditionally had an intimate link with their natural environment. They also
share a common neglect and marginalisation, often driving them to the verge
of extinction.”
•
A number of States in Africa have developed “Indigenous Peoples
Development Plans” – largely within sectoral work.
“This is largely due to the requirements of World Bank Operational Policy No.
4.10 which requires specific action when investments of the Bank and the
Global Environment Facility (GEF) affect the capacity of indigenous peoples,
ethnic minorities or other groups to defend their interests and rights as regards
lands and natural resources.”
11
LGBTI (THIRD GENDER) – DISCRIMINATION INCLUSION
(NEPAL)
1. Summary (LGBTI – Lesbian, Gay, Bisexual, Transgender, Intersex)
Project intended to expand supply of skilled and employable labor by: 1- increasing access to quality
training programs 2- strengthening technical and vocational education and training in Nepal
NGO representing LGBTI-community of Nepal alleged that, because of Bank’s omissions or failures,
Project only invites men and women to apply for the trainings and excludes third-gender.
They alleged that the Project discriminated against LGBTI-community (due to sexual orientation, LGBTI
in Nepal prefer to be classified as “other” in selecting gender option)
2. Results and Challenges (Not Registered)
GoN agreed that subsequent calls for applications
related to vocational training delivered under the
Project will be revised to address the Requesters’
concerns
•
Issues were not previously raised with
Management
•
Requesters were not able to demonstrate
occurrences of harm stemming from not listing
“other” under the gender section
12
THANK YOU
INSPECTION PANEL (LINK)