Key Comments from Stakeholders Bank Management Responses Issues The current definition is confusing and I fear it will put at risk the The definition of cultural heritage in the Need for clearer application of the safeguard by many borrowers. A more explicit definition second draft ESS8 has been clarified definition of aligned with other IFIs is recommended. and improved (ESS8, para 4). cultural heritage Expansion of The Bank’s existing OP/BP4.11 as well as IFC PS8 have more The of the second draft ESS8 has comprehensive and professionally credible definitions. They would form a been broadened to explicitly include scope to intangible useful starting point, but both require expansion to capture intangible intangible cultural heritage insofar as it heritage more adequately, with reference to the 2003 UNESCO Convention relates to a physical component of a cultural heritage on Intangible Cultural Heritage, as per global best practice. project (ESS8, para 4). Weak The weak capacity of Borrower to be taken into account and capacity A footnote has been to clarify that capacity of strengthening should be part of mitigation measures. mitigation measures include Borrower strengthening the capacity of national and subnational institutions responsible for managing cultural heritage affected by the project (ESS8, footnote 2). Stakeholder The title of section B needs to be changed to Consultation comments have been incorporated “Stakeholders consultation and identification of Cultural Heritage” in order to convey the idea that the in the second draft ESS8 (Section B, stakeholders are critical to the identification of cultural heritage in project para 13). affected areas. The Borrower needs to carry out consultation” in order to “meaningful identify cultural heritage that may be affected by the project. The first draft ESS8 refers to meaningful consultation only for commercialization of cultural heritage. Recognition of The Bank should determine the presence of all listed legally protected The second draft ESS8 has introduced special status cultural heritage areas affected by the project, such as world heritage sites the concept of legally protected cultural of legally and nationally and sub-nationally protected areas. heritage areas (ESS8, Section C). protected
Issues Key Comments from Stakeholders Bank Management Responses Need for clearer definition of cultural heritage The current definition is confusing and I fear it will put at risk the application of the safeguard by many borrowers. A more explicit definition aligned with other IFIs is recommended. The definition of cultural heritage in the second draft ESS8 has been clarified and improved (ESS8, para 4). Expansion of scope to intangible cultural heritage The Bank’s existing OP/BP4.11 as well as IFC PS8 have more comprehensive and professionally credible definitions. They would form a useful starting point, but both require expansion to capture intangible heritage more adequately, with reference to the 2003 UNESCO Convention on Intangible Cultural Heritage, as per global best practice. The of the second draft ESS8 has been broadened to explicitly include intangible cultural heritage insofar as it relates to a physical component of a project (ESS8, para 4). Weak capacity of Borrower The weak capacity of Borrower to be taken into account and capacity strengthening should be part of mitigation measures. A footnote has been to clarify that mitigation measures include strengthening the capacity of national and subnational institutions responsible for managing cultural heritage affected by the project (ESS8, footnote 2). Stakeholder consultation The title of section B needs to be changed to “Stakeholders Consultation and identification of Cultural Heritage” in order to convey the idea that the stakeholders are critical to the identification of cultural heritage in project affected areas. comments have been incorporated in the second draft ESS8 (Section B, para 13). The Borrower needs to carry out “meaningful consultation” in order to identify cultural heritage that may be affected by the project. The first draft ESS8 refers to meaningful consultation only for commercialization of cultural heritage. Recognition of special status of legally protected The Bank should determine the presence of all listed legally protected cultural heritage areas affected by the project, such as world heritage sites and nationally and sub-nationally protected areas. The second draft ESS8 has introduced the concept of legally protected cultural heritage areas (ESS8, Section C).
clean_summary_of_phase_2_consultations_and_bank_management_reponses_final_draft_for_consultation_july_1_2015.docx