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77. The World Bank is currently carrying out a review of all its safeguard polices,
both environmental and social, including its policy on indigenous peoples. This
review may be an opportunity to bring the policies of the Bank in line with the
provisions of the Declaration on the Rights of Indigenous Peoples. At the same time,
however, indigenous peoples fear that the review process will result in weakened
standards regarding their rights. Indigenous peoples’ and non-governmental
organizations have urged the Bank to bring its policy on indigenous peoples in line
with the Declaration and raised concerns that numerous projects and programmes
supported by the Bank continue to have a negative impact on indigenous peoples.
Indigenous peoples have also emphasized the need for their adequate participation
in the review process and have expressed concern over delays in carrying out
consultations in the context of the review process. The World Bank has stated its
intention of releasing an “approach paper” in September or October 2012, with
proposals for amendments to the safeguard policies. The Special Rapporteur will be
watching with close attention to see how this process unfolds.
78. In what the Special Rapporteur considers a positive development regarding the
rights of indigenous peoples, the International Financial Corporation, the private
sector arm of the World Bank Group, has reviewed its performance standard on
environmental and social sustainability relating to indigenous peoples and revised it
to include recognition of the need to seek the free, prior and informed consent of
indigenous communities in certain circumstances. Those circumstances include
situations where a project is expected to result in adverse impacts to lands under
customary use or ownership, when it will result in the relocation of indigenous
peoples from their traditional lands and territories, or when it may significantly
impact on the “critical cultural heritage” of indigenous peoples. The Special
Rapporteur provided extensive input during the review process. He notes that the
World Bank could look to it for guidance during the upcoming review of its
operational policy.
IV. Conclusions and recommendations
79. The Special Rapporteur is grateful for the opportunity to continue his
work in accordance with his mandate under Human Rights Council resolution
15/14 and expresses his thanks to all those who have supported and continue to
support his mandate. He is further grateful for the opportunity to report to the
General Assembly on his work and to offer comments on the various activities
within the United Nations system which affect indigenous peoples. The
following conclusions and recommendations relate to those activities.
80. A wide range of institutions and processes exist within the United Nations
system, which affect indigenous peoples and which have an important role to
play in the promotion of their human rights. The activities of various agencies,
funds, programmes and human rights bodies and mechanisms, in addition to
the mechanisms with mandates specific to indigenous peoples (the Permanent
Forum on Indigenous Issues, the Expert Mechanism on the Rights of
Indigenous Peoples and the Special Rapporteur on the rights of indigenous
peoples), touch upon indigenous issues.
81. Relevant processes within the United Nations system include those which
aim to build on existing treaty regimes, particularly in the area of climate
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