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. __________________ 65 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. 23-14310

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