Recommendations to the ongoing safeguards

8/12/2019 Recommendations to the ongoing safeguards

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4 June 2014

Dr. Jim Yong KimPresidentThe World Bank groupWashington DC

Dear Dr. Kim,

We are submitting herewith our recommendations to the ongoing safeguards review of the World

Bank. This letter is endorsed by 49 indigenous peoples organizations and institutions and 55support groups and individuals.

We also submitted a number of communications stating our recommendations to the safeguardsand the consultation process with indigenous peoples which we hope the Bank has taken intoaccount in the safeguards review.

As the President of the World Bank Group we hope you can take positive actions in line with therecognition and respect for indigenous peoples rights in the Safeguard policies and strategies ofthe Bank. Now is the time to make a difference and rebuild partnership with indigenous peoplesas key partner in achieving sustainable development for all.

With regards,

Joan CarlingSecretary General, AIPP


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4 June 2014

Dr. Jim Yong KimPresidentThe World Bank groupWashington DC

Dear Dr. Kim,

As the World Bank nears the completion of the first phase of its safeguards review we see this asa unique opportunity for the Bank to demonstrate its ability to listen and be more inclusive to thevoices, demands of and be more accountable to key stakeholders including indigenous peoples.In particular, we believe that your positive intervention at this critical stage of the review process

in relation to the recognition, protection and promotion of indigenous peoplesrights, in particularto land tenure and Free Prior and Informed Consent (FPIC), will signal a new path for the Bankscommitment to building the trust of indigenous peoples as key partner and rights-holder insustainable development. The importance of these fundamental rights has been clearlyarticulated in all the consultations with and submissions by indigenous peoples in the reviewprocess.

For the more than 350 million indigenous peopleswho comprises at least 15% of the poorest ofthe poor, the core poverty alleviation objective of the Bank is unachievable as long as th e Banksstrategies, programmes and projects are not aligned to the respect and protection of humanrights, and to the protection of the environment. The historical legacy of the Banks performancehas been marked with the massive violations of the rights of indigenous peoples to their lands,

territories and resources, to their sustainable livelihoods and meaning participation in decision-making including in the governance of their territories and for sustainable development. In thiscontext, the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by theUN General Assembly in 2007 as an act of achieving social justice, non-discrimination, equalityand development for all. Thus, states that comprise the Bank havea clear obligation to clearobligation to respect and implement the rights of indigenous peoples as embodied in theUNDRIP. The Bank cannot thereby exempt itself from this obligation, and should in fact be aleading institution in abiding with the minimum standards for the respect and protection of humanrights as a fundamental foundation for its interventions in sustainable development. This shouldbe embedded in its safeguard policies with clear provisions for its operationalization not only atthe project level but also in the strategic programmes of the World Bank.

With this, we again would like to reiterate our key recommendation that the Indigenous PeoplesPolicy of the Bank (OP 4.10) be retained as a stand-alone policy with the inclusion of thefollowing:

1. The right to Free Prior and Informed Consent (FPIC) in accordance with the UNDeclaration on the Rights of Indigenous Peoples (UNDRIP) and ILO Convention169, along with the recognition and respect of the rights of indigenous peoples.

The requirement to obtain the Free Prior and Informed Consent (FPIC) of indigenouspeoples shall ensure the respect for their collective decision and their self-determinedprocess of decision-making in line with the exercise of their collective rights. Through the


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proper implementation of FPIC, we believe genuine partnership and cooperation withindigenous peoples for sustainable development can be achieved and enhanced. Further,the development of the Indigenous Peoples Plan based on a clear agreement with

indigenous peoples for projects to go ahead, shall be mainly driven by indigenouspeoples to account for their needs and priorities, including their own system of collectivemanagement of resources and strengthening community cooperation and solidarity. KeyIndicators shall also be developed in line with the implementation of the IndigenousPeoples Plan and effective grievance mechanism at the local level shall be provided.

2. Explicit recognition of the rights and security of indigenous peoples to their lands,territories and resources.

At the outset, the Bank shall clearly state its commitment to respect and recognize theright of indigenous peoples to their lands, territories and resources, including theassociated social, cultural and economic systems and sustainable practices of indigenous

peoples. In this regard, the operationalization of the safeguard policies shall include clearprovisions and indicators on how this will be undertaken to ensure the protection of theircollective rights and overall well-being as rights-holders and partners in sustainabledevelopment.

3. Ensure the inclusion of indigenous peoples of Africa as recognized by the AfricanCommission on Human and Peoples Rights in the application of the WB Policy onindigenous peoples, as well as other relevant safeguard policies. Inclusive consultationswith indigenous peoples including in Africa shall be ensured in the safeguard reviewprocess and their views and recommendations shall be fully considered in the finalizationof the safeguards.

Aside from the above mentioned recommendation, we also wish to reiterate ourrecommendations in our previous communications to your office on the conduct of inclusiveconsultation with indigenous peoples in all regions during the safeguards review.

Further we also draw your attention to the recommendations made by the members of the UNPermanent Forum on Indigenous Issues to the World Bank in their 2013 report attached herein.

We wish to reiterate our request to you, as the President of the World Bank Group, to takepositive actions in line with the recognition and respect for indigenous peoples rights in theSafeguard policies and strategies of the Bank. Now is the time to make a difference and rebuildpartnership with indigenous peoples as key partner in achieving sustainable development for all.

We thereby count on your support


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INDIGENOUS PEOPLES ORGANIZATIONS/INSTITUTIONS

No. ORGANIZATION/INSTITUTION COUNTRY

1 Indigenous of Africa Coordinating Committee (IPACC) Africa2 African Indigenous Peoples Network (AIPN) Africa

3 Association Pour L Integration et le Development Durable el Burundi Burundi4 Kapaeeng Foundation Bangladesh

5 Cambodia Indigenous Youth Association (CIYA) Cambodia6 Organization to Promote Kui Culture (OPKC) Cambodia

7 Highlander Association (HA) Cambodia

8 Organization of Indigenous Peoples of the Colombian AmazonAuthorities (OPIAC)

Colombia

9 Dynamique Communautaire Pour LEmancipation Des Peuples

Autochtones Pygmees

Congo

10 Association of Indigenous Peoples in Ryukyus (AIPR) Japan11 Indian Confederation of Indigenous and Tribal Peoples (ICITP) India

12 Borosa Foundation for Peace, Democracy and Human Rights India13 Peoples Joint Action Committee for Boroland Movement India

14 Mising Bane Kebang (Mising Apex Council) India

15 Zomi Human Rights Foundation India

16 Adivasi Womens Network (AWN) India

17 Adivasi Navjeewan Gathan Navjyoti Agua (ANGNA) India

18 Naga Peoples Movement for Human Rights India

19 Bhaiya Ram Munda Foundation India20 Aliansi Masyarakat Adat Nusantara (AMAN) Indonesia

21 Sengwer Indigenous Peoples Programme (SIPP) Kenya22 Maa Civil Society Forum/Indigenous Concerns Resource Center Kenya

23 PACOS Trust Malaysia

24 Jaringan Orang Asal SeMalaysia (JOAS) Malaysia25 Tin Hinane Mali

26 Kachin Peace Network Myanmar

27 Chin Human Rights Organization Myanmar

28 Nepal Federation of Indigenous Nationalities Nepal

29 Association of Nepal Kirat Kulung Language and Cultural Development(ANKKLACD)

Nepal

30 Lawyers Association for Human Rights of Nepalese IndigenousPeoples (LAHURNIP)

Nepal

31 Indigenous Women League Nepal Nepal32 NGO Arc-En-Ciel Niger

33 Continental Network of Indigenous Women of the AmericasECMIA Peru

34 CHIRAPAQ, Center of Indigenous Cultures of Peru Peru

35 Philippine Task Force for Indigenous Peoples Rights (TFIP) Philippines36 Cordillera Peoples Alliance (CPA) Philippines

37 Tribal Government of the Philippines Philippines38 Tebtebba Philippines

39 Tangguyub Peoples Center Philippines

40 Kalipunan ng mga Katutubong Mamayan ng Pilipinas (KAMP) Philippines41 Koalisyon ng Katutubong Samahan ng Pilipinas (KASAPI) Philippines


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42 Asia Indigenous Womens Network (AIWN)43 Consejo Indio De Sud America (CISA) Switzerland

44 Kachin Womens Association Thailand Thailand45 Yamasi People US

46 Council of Indigenous Peoples in Today's Vietnam (CIP-TVN) US

47 Center for Sustainable Development in Mountainous Areas (CSDM) Vietnam48 Asia Indigenous Peoples Network on Extractive Industries and Energy

(AIPNEE)

49 Indigenous Peoples Movement for Self Determination and Liberation(IPMSDL)

SUPPORT GROUPS

No. ORGANIZATION COUNTRY

1 Humanity Watch Bangladesh

2 Coastal Livelihood and Environmental Action Network Bangladesh3 11.11.11 The Coalition of the Flemish North-South Movement Belgium

4 Actions Birmanie Belgium

5 Indigenous Community Support Organization (ICSO) Cambodia

6 Heinrich Boell Stiftung Cambodia Office Cambodia

7 NGO Forum on Cambodia Cambodia

8 Building Community Voices Cambodia

9 Equitable Cambodia Cambodia10 Alternatives Durables pour le Dveloppement (ADD) Cameroon

11 Maison de lEnfant et de la Femme Pygmes Congo12 Egyptian Center for Economic and Social Rights (ECESR) Egypt

13 ONG AGAFI (Association Gabonaise d'Assistance aux FemmesIndignes et Indigentes)

Gabon

14 Urgewald Germany

15 Center for Research and Advocacy Manipur India

16 Committee for the Protection of Natural Resources in Manipur India

17 SONIA Italy18 Jamaa Resource Initiatives Kenya

19 Community Action for Nature Conservation - CANCO Kenya

20 Green Community Alliance ( GCA ) Laos21 Coalition to Abolish Modern-day Slavery in Asia Malaysia

22 Center for Orang Asli Concerns (COAC) Malaysia23 Center for Human Rights and Development Mongolia

24 Shwe Gas Movement Myanmar

25 ALTSEAN Burma Myanmar

26 Land Core Group Myanmar

27 Netherlands Centre for Indigenous Peoples (NCIV) Netherlands

28 Club des Etudiants en Droit de l'Universit de Niamey (CEDUN) Niger

29 Rainforest Foundation Norway Norway30 Damaan Development Organization Pakistan

31 Earthsavers Movement Philippines32 Grupo Intercultural ALMACIGA Spain


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33 HELVETAS Swiss Intercooperation Switzerland34 Peoples Empowerment Foundation (PEF) Thailand

35 Human Rights Foundation of Monland (HURFOM) Thailand36 Human Rights Ambassador for Salem-news.co UK

37 Forest Peoples Programme (FPP) UK

38 Philippine Indigenous Peoples Links (PIPLinks) UK

39 Burma Campaign UK UK

40 Global Witness UK

41 Rainforest Action Network US

42 Boat People SOS US

43 Accountability Counsel US

44 Bank Information Center (BIC) US45 Sisters of Notre Dame de Namur US

46 US Campaign for Burma US

47 Natural Justice US48 Institute for Asian Democracy US

49 Center for International Environmental Law US

50 SIL International US

51 Centre of Research and Development in Upland Area (CERDA) Vietnam52 ASEAN Parliamentarian for Human Rights

INDIVIDUALS

1 Hema Broad, Aotearoa New Zealand

2 Ian G. BairdAssistant ProfessorDepartment of Geography

University of Wisconsin-Madison

US

3 Robert E. MoseConsultant for Sustainable Development of Indigenous Peoples inCentral

Africa

US

Documents

Recommendations to the ongoing safeguards