Some participants wanted more specificity in definition, but others the same definition. The Bank will preferred to keep the term broader, in order to make it relevant to the provide more information in a guidance largest country context possible. note on best practices for undertaking screening on the basis of the four criteria The Bank should recognize that self-identification is the key characteristic for the identification of Indigenous for Indigenous Peoples. Peoples. Self-identification is captured in ESS7 paragraph 6 (a). Land rights The required for the legal recognition of their perpetual or long-term In the second draft ESS7, the text is “plan renewable custodial or use rights”, must be developed in partnership with strengthened to promote the legal Indigenous Peoples themselves, time-bound, in accordance with clear recognition of Indigenous Peoples’ land indicators and with sufficient funds. rights (para 21). This is the same approach taken in the current policy Where individual land titles exist within indigenous territories, such legal (OP4.10). ownership must be recognized, but the requirements of paragraph 23 of Regarding the cases where Indigenous ESS7 (FPIC for the relocation of Indigenous Peoples) must be retained. Peoples individually hold legal titles or FPIC must be obtained from the whole project affected community where the relevant national law irrespective of tenure arrangements. The mention of ESS5 in FN14 must be recognizes customary rights for deleted. individuals, the text is revised to clarify that the relevant requirements of ESS5 will apply, in addition to the requirements under ESS7.
the same definition. The Bank will provide more information in a guidance note on best practices for undertaking screening on the basis of the four criteria for the identification of Indigenous Peoples. Self-identification is captured in ESS7 paragraph 6 (a). Some participants wanted more specificity in definition, but others preferred to keep the term broader, in order to make it relevant to the largest country context possible. The Bank should recognize that self-identification is the key characteristic for Indigenous Peoples. Land rights The required “plan for the legal recognition of their perpetual or long-term renewable custodial or use rights”, must be developed in partnership with Indigenous Peoples themselves, time-bound, in accordance with clear indicators and with sufficient funds. In the second draft ESS7, the text is strengthened to promote the legal recognition of Indigenous Peoples’ land rights (para 21). This is the same approach taken in the current policy (OP4.10). Regarding the cases where Indigenous Peoples individually hold legal titles or where the relevant national law recognizes customary rights for individuals, the text is revised to clarify that the relevant requirements of ESS5 will apply, in addition to the requirements under ESS7. Where individual land titles exist within indigenous territories, such legal ownership must be recognized, but the requirements of paragraph 23 of ESS7 (FPIC for the relocation of Indigenous Peoples) must be retained. FPIC must be obtained from the whole project affected community irrespective of tenure arrangements. The mention of ESS5 in FN14 must be deleted.
clean_summary_of_phase_2_consultations_and_bank_management_reponses_final_draft_for_consultation_july_1_2015.docx