A/78/213
implementing the Environmental and Social Standards. 65 The Bank recognized that
the transmission line had indeed affected the cultural identity and heritage of the local
population, who were not informed nor consulted. The project adversely affected
homes, schools, cultural and religious sites, agricultural lands, the enviro nment, and
economic activities, and threatened their health and safety as well as the ability of the
local populations to maintain and improve their livelihoods. 66 In Kenya, the World
Bank accepted the State definitions of “Indigenous Peoples” that exclude d the
Cherangany people, resulting in the denial of their rights. 67 The Bank must ensure
that its standards always apply and are informed by international human rights
principles and definitions.
63. The Bank’s opaque system as well as the challenging pro cedures to file
complaints sometimes act as an additional burden in identifying cultural rights
violations. Many affected populations have to rely on more knowledgeable
intermediaries to take their concerns further. Most of these civil society intermediari es
do not specialize in cultural rights, so these issues are underrepresented compared
with environmental issues or Indigenous issues. In addition, relying on intermediaries
results in a double unequal power situation: with respect to the World Bank, and t o
the civil society intermediary, often also operating at the international level. The
agency of communities to claim their cultural rights is correspondingly weakened.
E.
Ensuring participation and consultation
64. A prerequisite of a human rights approach is to ensure wide participation and
the meaningful involvement of all concerned parties in relevant decisions. For the
international governance of development, this continues to be a challenge, as it
operates at a level that tends to be further from the local dynamics. The standards for
participation applied across development agencies are not consistent and often fall
short of international standards: some only demand simple consultation or consent;
others require the free, prior and informed consent, while others still are content with
free, prior and informed consultation. International human rights law is very clear on
the requirement of free, prior and informed consent in relation to projects that directly
affect Indigenous and local communities. Trade organizations must ensure that the
standards apply, that their staff know and require their application, and that clear and
structured processes exist to ensure their effective implementation. Failing to meet
such standards must mean the interruption of the project.
65. For example, between 2020 and 2022, the Intangible Cultural Heritage Fund of
UNESCO supported a community-based inventory of living heritage in Albania, 68 a
methodology in line with a human rights approach and suitable for the exercise of
cultural rights. There are still instances, however, in which the work of UNESCO does
not meet the standard of free, prior and informed consent of Indigenous Peoples but
remains at the level of consultation. 69 In the Mondiacult Declaration, States affirmed
their commitment to implement frameworks that uphold collective cultural identity,
heritage rights and Indigenous rights, 70 but the Declaration does not emphasize the
necessary participation of Indigenous Peoples in this endeavour, which would be
consistent with the UNESCO policy on engaging with Indigenous Peoples (2017) and
the United Nations Declaration on the Rights of Indigenous Peoples.
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66
67
68
69
70
18/24
World Bank Inspection Panel, case 156, 1 March 2022.
World Bank Inspection Panel, case 154, 18 October 2021.
World Bank Inspection Panel, case 152, 21 June 2021.
Contribution of Albania.
Communication TZA 3/2021.
Mondiacult Declaration, para. 10.
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