Skip to main content

Marginalized communities "excluded" from World Bank Inspection Panel review, complains India's civil society

Counterview Desk
Senior civil society activists, including Medha Patkar, Bharat Patel and Nityanand Jayaraman, have criticised the Working Group of the World Bank Board’s Committee on Development Effectiveness (CODE), entrusted to “review of the Inspection Panel’s Toolkit to determine whether it should be revised to enhance the Panel’s effectiveness”, saying, its design would exclude marginalizes communities.
While appreciating the World Bank on forming the Working Group on the occasion of Inspection Panel’s (IPN's) 25th Anniversary, civil society organizations (CSOs) in an open letter, have criticised the Bank for giving less than a fortnight to seek comments on this issue. The activists and researchers demanded to extend the deadline by at least two months in the interest of the sanctity of the process.
They demanded wider publicity is given to ensure better participation in the process. “The current consultation is designed and carried out to exclude affected communities, for whom the Inspection Panel is established,” the signatories said.
Demanding suo moto powers, the activists wrote that in the projects where Inspection Panel knows severe impacts of the projects — especially the Category A projects which entail high-risk — it should have powers to take suo moto investigation as well as actions. “The IPN should proactively look out for the involvement of the potentially affected communities and facilitate their observations/complaints… to ensure timely intervention and to minimise the damages caused to people,” the letter added.
The letter follows a recent meeting of the Working Group on International Financial Institutions – a network of over 50 CSOs and grassroots organisations in India – to reflect on India’s Experience of Independent Accountability Mechanisms (IAMs), in the context of Inspection Panel’s 25 years.
During the deliberations, in which both the Inspection Panel and Compliance Ombudsman Advisor (CAO) participated remotely, the inadequacy of IAMs in functioning independently and efficiently; lack of capacity and powers to promote and ensure accountability; failure in intervening timely to ensure that the voices of the affected people are adequately heard, addressed and issues resolved; and lack of powers to stay the progress of project construction in cases of extreme violations, were highlighted.

Text of the civil society submission to the Inspection Panel Working Group:

We are happy to note the Working Group of the World Bank Board’s Committee on Development Effectiveness is reviewing the Inspection Panel’s toolkit to determine whether it should be revised to enhance the Panel’s effectiveness. We take it as a positive step on IPN’s completion of 25 years. However, we demand, in the interest of the sanctity of the process, that the period is extended by at least two months and wider publicity is given to ensure better participation in the process.
Early this month, the Working Group on International Financial Institutions – a network of over 50 CSOs and grassroots organisations in India – called for a meeting to look at India’s experience of Independent Accountability Mechanisms, in the context of IPN’s 25 years. Both the IPN and CAO took part in it remotely.
During the 2 days deliberations what came out strongly was the inadequacy of IAMs when it comes to function independently and efficiently to live up to its mandate of delivering relief to affected communities in Bank-funded projects; often lacks capacity and powers to promote and ensure accountability at the Bank; fail in timely intervention to ensure that the voices of the affected people are adequately heard, addressed and issues resolved; and do not have powers to stay the progress of project construction in cases of extreme violations and makes it a fate accompli on the people.
It is in this context that we feel that the IPN Working Group’s initiative is timely.
We believe that IPN should be strengthened and not weakened, expanding its role and adding to its freedom and powers.
We have a few specific points to make:
1. Review and Consultation process:
The IPN Working Group’s consultation process seems to have designed and carried out, with no effort to reach out to affected communities, to exclude affected communities for whom the IPN is established and for its tight schedule and methodology lacks a genuine effort for meaningful consultation with communities and civil society groups. Hence we request to open up the process, give adequate time and space for the communities and CSOs, to ensure wide participation, and not holding them online, or in national capitals and metros alone. The Working Group should follow processes underpinning Principle of Free and Prior Consent, which requires this critical consultation is not rushed and ritual.
2. IPN should have suo moto powers
Currently, the onus of identifying Bank’s lending to a particular project, understanding the Bank Safeguard Policies, knowing about the existence of IPN and developing a complaint in a manner acceptable to IPN is on affected communities. This structure disempowers the communities for they are never consulted in advance with full disclosure of impacts, lenders and of compensation/rehabilitation for their losses in most of the projects. Hence in projects, IPN has knowledge about serious impacts, it should have powers to take suo moto investigation as well as actions. Particularly in cases of Category A projects, knowing that potential high risks, the IPN should proactively look out for the involvement of the potentially affected communities and facilitate their observations/complaints.
3. Timely intervention
Most often by the time affected communities get to know about Bank’s lending to a project they are dealing with and mobilise enough support to develop a complaint and reach IPN, the project is well into the construction phase, sometimes in advanced stages. That not only defeats the purpose of IPN’s mandate to “give affected people a greater voice in activities supported by the World Bank” but rather makes it a fate accompli. Hence, related to the earlier point, the IPN should have powers to take actions suo moto to ensure timely intervention and to minimise the damages caused to people and environment. IPN must assist impacted communities in developing taking their legitimate concerns through a thorough and proper review and hence must proactively interact with impacted communities as in the spirit of the Report of the Independent Review (Morse Report).
4. Powers to stay the progress of the project
In cases where the IPN recognises serious impacts and violation of Bank’s safeguard policies, IPN should have powers to stay the project until the problem is comprehensively addressed with due compensation and course correction.
5. IPN should have powers to recommend actions
IPN actions should not merely be suggestive but binding. Based on the findings of their investigation, IPN is best positioned to recommend actions, and not let it to the management/Board to suggest an action plan. Documenting the violations alone, without recommending actions to rectify them and having no powers to ensure implementation of them makes the process looks more symbolic than genuine. In the event the project proponent cannot respond appropriately and rationally to the recommendation, due corrective action should follow.
6. Powers to Monitor
IPN should have powers to monitor the progress of its recommended action plan. In cases of failure by the Bank/project proponent to implement them in a timely manner, IPN should have powers to take punitive and exemplary action against them. Punitive action should include public blacklisting of consultants.
7. Erroneous ESIA
In cases where IPN find erroneous Environmental and Social Impact Assessment (ESIA), on which the project is planned and executed, IPN should stay the project and recommend a fresh ESIA because an erroneous ESIA will have irreparable damage to the environment and to people and their livelihood. In addition, such an ESIA leave to room for planning mitigation of damages. The project should be planned afresh and a new set of mitigation plans should be developed on the basis of a new ESIA. Punitive actions should be taken on the consultants/entities who prepare such ESIA, for their willful negligence puts people and environment in danger.
These are some of the preliminary comments on how to strengthen the IPN. We would be able to give more substantial comments if the consultation period is opened up and involved a wide range of people in the process.
---
Submitted by:
Medha Patkar, Narmada Bachao Andolan, Madhya Pradesh
Madhuresh Kumar, National Alliance of People’s Movements
Soumya Dutta, Bharat Jan Vigyan Jatha & India Climate Justice
Himanshu Thakkar, South Asia Network on Dams, Rivers and People, New Delhi
Sridhar R, Environics Trust, New Delhi
Leo Saldanha, Environment Support Group, Karnataka
Nityanand Jayaraman, Vettiver Collective, Tamilnadu
Rajendra Ravi, Institute for Democracy and Sustainability, Delhi
Ram Wangkheirakpam, Indigenous Perspectives, Manipur
Maglin Philomin, Teeradesa Mahila Sangathan, Kerala
Sanjeev Kumar, Delhi Solidarity Group, Delhi
Anil Varghese, Delhi Forum, New Delhi
Bharat Patel, Machimar Adhikaar Sangharsh Sangathan, Gujarat
Awadhesh Kumar, Srijan Lokhit Samiti, Madhya Pradesh
Rajkumar Sinha, Bargi Bandh Visthapit Sangh, Madhya Pradesh
Vinay Baindur, Urban Governance, Bangalore
Joe Athialy, Centre for Financial Accountability, New Delhi

Comments

TRENDING

Economist-editor's allegations on Narmada defamatory, baseless: Medha Patkar

Counterview Desk  In a reply directly addressed to well-known economist, journalist and columnist Swaminathan S Anklesaria Aiyar’s two articles in the Times of India (republished here and here ), calling them defamatory and wondering whether they were borne out of “ignorance or a conspiracy through political alliance”, Narmada Bachao Andolan leader Medha Pakar has said that the Narmada Sardar Saravar Project and the people's movement by adivasis, farmers, labourers, fish workers, potters and all the generations’ old communities from the river valley have suddenly come to be focused on, since the Gujarat elections are in the doorstep. She believes that while the “defamatory accusations with baseless conceptions such as ‘urban naxals’ are to be laughed at as the electoral strategic moves, one gets shocked to read the articles by a known old columnist like Swaminathan Ankalesaria Aiyar, published in a reputed daily like the Times of India." According to her, Aiyar’s two articl

Hindutva groups threat to peace, freedom: US diaspora groups tell FBI, other govt depts

By Our Representative  The Islamophobic and neo-Nazi ideology of Hindutva is a clear and present danger to peace and freedoms in the United States, a coalition of civil rights organizations told key officials of the U.S. Attorney General’s Office, the US Department of Justice (DOJ), and the Federal Bureau of Investigation (FBI) at a recent event in Edison, New Jersey. At the event titled United Against Hate, activists from American Muslims for Democracy (AMD), Hindus for Human Rights (HfHR) and Indian American Muslim Council (IAMC) made detailed presentations on this ideology of Hindu supremacism that is committing mass persecution of India’s Muslims and Christians and is rearing its ugly head in New Jersey as well as across the US. Attending the event were David S Leonardis, Special Investigator from the New Jersey Department of Law & Public Safety; Michael E Campion, Chief of the Civil Rights Division for the US Attorney General's Office; and Jonathan R Norbut of the U.S. Dep

Facing tough times, Rajasthan's Raika herders hold first-ever camel cheese festival

By Rosamma Thomas*  During the pandemic, the annual Pushkar camel fair in Rajasthan did not occur for fear of contagion; in 2022, it was called off again as lumpy skin disease affected cattle. At Sadri in Pali district, however, festivity continues – a two-day Camel Cheese Festival was held on November 23 and 24, 2022. Visitors spent time with the camel herds and their Raika, drank camel-milk tea with the herders and then returned to lunch at the Kumbhalgarh Camel Dairy, from where the Kumbhalgarh Fort is visible, to taste camel cheese. The Raika herders have been facing a tough time – camels are no longer used as much for transport or agriculture in Rajasthan. The animals have limited utility, but their milk is prized. Camel Charisma, the dairy at Kumbhalgarh, sends camel milk across the country to people who use it in therapy – for autistic children, improved blood sugar levels, or even to treat cancer. It is believed that the health benefits of the camel milk is because the animals

As polls approach, electorate 'failing to realise': Gujarat model is in a shambles

By DN Rath*  Gujarat assembly elections, scheduled to be held on 1 and 5 December 2022, is viewed by many as dress rehearsal for the 2024 Lok Sabha elections. When the suffering people have been pointing towards redressal of some local issues like absence of cleanliness, sewage problem, shortage of water supply, troubles created by stray cattle, insufficiency of streetlights, etc., it is evident that they are not fully aware that assembly elections are being fought on ideological standpoints and policy decisions. Nor is there the realisation that the state is in a shambles and the much-trumpeted ‘Gujarat model’ of development has proved to be a hoax. Like other states, the people of Gujarat are also back-broken by steep rise in prices to the tune of 400% in last 20 years. It is not that the government cannot control the spurt in prices if it so wants. Apart from the fact that price rise is an inevitability in a capitalist economy, artificial shortage triggered by massive hoarding, b

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Shedding Hindu-Hindi-Hindustan? New Modi-Shah love for Tamil Nadu 'ignores' Periyar

By Sandeep Pandey*   The Rashtriya Swayamsewak Sangh (RSS) or the Bhartiya Janata Party (BJP) have long argued for ‘Hindu-Hindi-Hindustan’, which into recent years has translated into a crisper English expression: ‘One Nation-One Religion-One Language’. Given this backdrop, it is curious that the BJP government has organised the Kashi Tamil Sangamam in Varanasi, the Prime Minister’s constituency. Why did the BJP and RSS feel the need for such an event? All Narendra Modi events are highly publicised and have multiple political objectives. It is never an innocuous religious/cultural event as it may appear from the face of it. Afterall, RSS calls itself a cultural organisation, but has never ceased to surprise us with its political designs. Tamil Nadu has a long history of opposing imposition of Hindi by Union governments. Periyar EV Ramasamy had opposed the idea of compulsory teaching in Hindi as far back as in 1937. The 1960s witnessed violent protests against Hindi in which a number

GM mustard not swadeshi, it's a patent of MNC Bayer, GoI 'misleading' SC: Modi told

Counterview Desk  In a representation to Prime Minister Narendra Modi, as many as 42 farmers’ organisations though their representatives , backed by senior scientists and experts, have said that the Government of India (GoI) should stop misleading the Supreme Court “with untrue and incorrect” statements on GM mustard. Insisting that India does not need unsafe GM mustard, in their representation, they urged the Supreme Court to order immediate uprooting of GM mustard crop in various locations. The representation comes even as a penal of experts, coming down heavily on the GoI for refusing to see how in less than a week’s time the pollen from GM mustard will “start contaminating” non-GM mustard fields with transgenes, including male sterility and herbicide tolerant traits. Alleging that the GoI is actively misleading the Supreme Court with untrue and incorrect statements on GM mustard, Kavitha Kuruganti of the Coalition for a GM-Free India said, “We can list at least five areas where Gov

Demand to withdraw 'anti-environment, anti-adivasi' forest conservation rules 2022

By Gopinath Majhi*  The Campaign for Survival and Dignity (CSD), Odisha, a coalition of adivasis and forest dwellers’ organisations, has sent a memorandum to the Ministry of Environment, Forest and Climate Change (MoEFCC) raising serious concerns over Forest (Conservation) Rules, 2022, notified by the Centre on June 29.  Contending that recent amendments and a host of executive orders/guidelines issued by the ministry undermine and dilute the FRA and threaten the rights of adivasis and forest dwellers, CSD demands that the 2022 FC Rules should be rescinded forthwith. Demanding withdrawal of such anti-people and anti-environment rules CSD Odisha organised a protest Dharana in front of State Assembly today on 25th November 2022 and submitted memorandums to the Hon’ble Governor of Odisha, Chief Secretary and Commissioner-cum-Secretary, ST & SC Development Department for conveying our concerns against the FC Rules 2022 to the Central Government for its withdrawal. The memorandums w

BJP poll gimmick? Bilkis Bano rape case 'pardon' vs Rajiv assassins' release

By Sandeep Pandey*  Supreme Court has released six convicts in the Rajiv Gandhi assassination case. This was bound to happen as earlier AG Perarivalan was released in the same case, setting a precedent. Even though four of them are Sri Lankans but a popular Tamil sentiment favoured the release of these convicts which is why Tamil political parties supported this and resolutions were passed by different governments in Tamil Nadu to his effect.  Rajiv Gandhi paid the price of sending Indian Peace Keeping Force to Sri Lanka where it got entangled with Liberation Tigers of Tamil Eelam and eventually the whole operation ended up is a fiasco.  However, most importantly Sonia and Priyanka Gandhi and probably Rahul too do not have any objections to the release of these convicts. In fact, Sonia Gandhi played an important role in getting the death sentence of the only lady among the convicts Nalini commuted to life term through the Tamil Nadu Governor. Priyanka visited Nalini in Vellore Jail and

Never-ending saga of sin tax: What if murder is taxed at Rs 1 crore, rape at Rs 5 crore?

By Moses Raj GS, Sangeetha Thomas*  What should have ended by June 30, 2022 as a 5 year experiment has resurfaced. The government has extended the levy of GST compensation cess by another 4 years till March 31, 2026. This cess, dubbed as the sin tax imposed on sin(ful) goods, is double the highest slab on indirect taxes. But only a few pay for it and the majority benefit, unendingly. The year 2017 is a landmark year for indirect taxes. With the grand idea of ‘One Nation, One Tax’ as a fiscal slogan subsuming all State based taxes such as octroi /entry tax, Value Added Tax (VAT), sales tax, taxes on lottery, betting and gambling, luxury tax, purchase tax, entertainment tax, property tax, professional tax and central sales tax into a single framework of Goods and Services Tax (GST) changed the contours of revenue collection. Complicating it further, India, with each State having its own size and revenue problems, has the most complex and highly centralised indirect tax structure in the w