The third chapter explores the practice developed by the World Bank in the context of investment projects relevant to indigenous peoples, provided to, or guaranteed by, public entities, through a twofold approach. First, it investigates the main contents of the IBRD's and IDA’s operational policies and procedures, offering a comprehensive overview of the obligations of both the Bank and the borrower vis-à-vis indigenous peoples throughout the project cycle. Notably, the examination of the evolution of their contents suggests that these policies heavily rely on both hard and soft international legal instruments, demonstrating a clear alignment with them. Second, the chapter reviews relevant cases handled by the Inspection Panel, the Independent Accountability Mechanism entrusted with the task of assessing the Bank’s compliance with its safeguards, which has interpreted their main contents in adherence with international human rights law. The results of this second part thus offer a practical validation of the first, illustrating how the Bank’s policy-based commitments are enforced in practice.

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Relevant Practice Concerning Indigenous Peoples in Public Sector Projects

  • Silvia Solidoro

摘要

The third chapter explores the practice developed by the World Bank in the context of investment projects relevant to indigenous peoples, provided to, or guaranteed by, public entities, through a twofold approach. First, it investigates the main contents of the IBRD's and IDA’s operational policies and procedures, offering a comprehensive overview of the obligations of both the Bank and the borrower vis-à-vis indigenous peoples throughout the project cycle. Notably, the examination of the evolution of their contents suggests that these policies heavily rely on both hard and soft international legal instruments, demonstrating a clear alignment with them. Second, the chapter reviews relevant cases handled by the Inspection Panel, the Independent Accountability Mechanism entrusted with the task of assessing the Bank’s compliance with its safeguards, which has interpreted their main contents in adherence with international human rights law. The results of this second part thus offer a practical validation of the first, illustrating how the Bank’s policy-based commitments are enforced in practice.