ESS5 Land acquisition Treatment and rights of Forced eviction: Clarification was sought on the difference between the and involuntary informal occupants and forced eviction forbidden under ESF and eminent domain exercised resettlement approach to forced evictions under national law. in situations unrelated to land Compensation in installments: In the first draft ESF, Borrowers were acquisitions allowed to provide compensation in installments. The second draft ESF Interpretation of the concept has deleted this paragraph. Bank projects in China have provided of resettlement as a compensation in different phases without problem, so this is confusing. It in “development opportunity” should be clarified whether the proposed ESF will indeed result in any different project changes in this regard. circumstances Resettlement as a development opportunity: It is unclear what this really means. The Bank should provide clearer explanation on this. ESS6 Biodiversity Operationalization of the Ecosystem services: This was introduced in the second draft ESF. provisions on primary as a concept is fine, but introducing Defining “ecosystem services” suppliers and ecosystem requirements is different. It is impossible for Borrowers to assess and services, especially in implement measures for such a new concept that encompasses situation with low capacity provisioning services, regulating services, cultural services and Role of national law with supporting services. The local implementers are very concerned about regard to protecting and this. There is no estimation of project cost and time that will be incurred conserving natural and critical in implementing this concept. habitats Criteria for biodiversity offsets, including consideration of project benefits Definition and application of net gains for biodiversity ESS7 Indigenous Peoples Implementation of the In China, the concept of ethnic minority is not so simple. The Bank Indigenous Peoples standard should assess the country specific context. The proposed ESS7, para 6 (c), sets out one of the characteristics of IP in complex political and as social, or political institutions that are “Customary cultural, economic, cultural contexts Implementation of ESS7 in distinct or separate from those of the mainstream society or culture.” As countries where the there may be some illegal political groups who fall into this category but constitution does not may violate the laws and regulations of the Borrower, this formulation acknowledge Indigenous should be changed.
ESS5 Land acquisition and involuntary resettlement Treatment and rights of informal occupants and approach to forced evictions in situations unrelated to land acquisitions Interpretation of the concept of resettlement as a “development opportunity” in different project circumstances Forced eviction: Clarification was sought on the difference between the forced eviction forbidden under ESF and eminent domain exercised under national law. Compensation in installments: In the first draft ESF, Borrowers were allowed to provide compensation in installments. The second draft ESF has deleted this paragraph. Bank projects in China have provided compensation in different phases without problem, so this is confusing. It should be clarified whether the proposed ESF will indeed result in any changes in this regard. Resettlement as a development opportunity: It is unclear what this really means. The Bank should provide clearer explanation on this. ESS6 Biodiversity Operationalization of the provisions on primary suppliers and ecosystem services, especially in situation with low capacity Role of national law with regard to protecting and conserving natural and critical habitats Criteria for biodiversity offsets, including consideration of project benefits Definition and application of net gains for biodiversity Ecosystem services: This was introduced in the second draft ESF. Defining “ecosystem services” as a concept is fine, but introducing requirements is different. It is impossible for Borrowers to assess and implement measures for such a new concept that encompasses provisioning services, regulating services, cultural services and supporting services. The local implementers are very concerned about this. There is no estimation of project cost and time that will be incurred in implementing this concept. ESS7 Indigenous Peoples Implementation of the Indigenous Peoples standard in complex political and cultural contexts Implementation of ESS7 in countries where the constitution does not acknowledge Indigenous In China, the concept of ethnic minority is not so simple. The Bank should assess the country specific context. The proposed ESS7, para 6 (c), sets out one of the characteristics of IP as “Customary cultural, economic, social, or political institutions that are distinct or separate from those of the mainstream society or culture.” As there may be some illegal political groups who fall into this category but may violate the laws and regulations of the Borrower, this formulation should be changed.
final_feedback_summary_for_phase_3_consultation_with_chinese_central_government_and_institutions_in_beijing_october_27.docx