The draft Environmental and Social Framework and Land

WORLD BANK LAND AND POVERTY CONFERENCE

MARCH 26, 2015

Outline

1. How the current draft retains and strengthens Bank safeguard attention to land rights and associated risks.

2. What we are hearing from stakeholders on how to improve the draft.

Where are land rights issues currently embedded in Bank safeguards?

1. OP 4.12: Involuntary Resettlement

2. OP 4.10: Indigenous Peoples

3. OP 4.36: Forests

Land features prominently in a number of parts of draft ESF

1. Draft ESS 1: Assessment and Management of Environmental and Social Risks

ESS 1 now makes land rights and conflict an explicit focus of social assessment. The environmental and social assessment will take into account: “risks or impacts associated with land and natural resource tenure and use, including (as relevant) potential project impacts on local land use patterns and tenurial arrangements, land access and availability, food security and land values, and any corresponding risks related to conflict or contestation over land and natural resources.”

Land Rights and the current draft of the ESF

2. Draft ESS 5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement

Greater clarity in application Wider application to restrictions on land use More explicit coverage of displacement from state land Protection of informal land users reinforced Options for in situ resettlement encouraged Voluntary acquisitions (especially large-scale) subject to increased scrutiny, especially where multiple layers of rights

are affected Voluntary donations subject to rigorous checks and balances Application to pre-project acquisitions clarified Forced evictions explicitly disallowed Security of tenure for displaced people better defined

Land Rights and the current draft of the ESF

2. Draft ESS 7: Indigenous Peoples

Plan for legal recognition of perpetual or long-term renewable custodial rights or use rights in cases where projects are likely to have significant impacts on traditionally owned, used or occupied land.

FPIC where projects are proposed for land traditionally owned by or under the customary use or occupation of Indigenous Peoples

What we are hearing.Detailed and very constructive feedback on land from wide range of stakeholders. To name a few:

◦ OXFAM ◦ International Land Coalition◦ Joint Submission from Inclusive Development International, the International Network on Displacement

and Resettlement, Oxfam, Heinrich Boell Foundation- North America, Global Initiative for Economic, Social and Cultural Rights, Urgewald, Share the World’s Resources, (former) UN Special Rapporteur on the Right to Adequate Housing)

◦ Expert consultation on land issues hosted by the German Government◦ Roundtable meeting on land hosted by CSO’s (October 2014)◦ Multiple dedicated consultation sessions with Indigenous Peoples around the world◦ Extensive feedback from member country governments◦ Many other groups and individuals

What we are hearing:An (incomplete) synthesis of main themes

We are hearing from a number of submissions that there is a need for:

1. Greater clarity on land related due diligence requirements

2. Explicit endorsement or better alignment with the Voluntary Guidelines

3. More robust planning and budgeting of resettlement

4. All resettlement planning and budgeting to be done before appraisal

5. Reinsertion of language calling for resettlement to be treated as a development opportunity, with benefit sharing opportunities

6. Reinsertion of paragraph from OP 4.12 regarding linked activities

What we are hearing:An (incomplete) synthesis of main themes

We are hearing from a number of submissions that there is a need for:

7. Better attention to indirect livelihood impacts

8. Requirement that any land acquisition be in the public interest and that public benefits are proportionate to the impacts

9. Better reflection of gender issues throughout

10. Greater attention to “land grabs”

11. Eliminate/expand protections for “squatters”

12. Explicit coverage of land titling projects and land use planning under ESS 5

13. Remove/strengthen “alternative approach” from ESS 7