Risk and Opportunities Analysis Tool - Issue Area: Indigenous Peoples / 1
ISSUE: INDIGENOUS PEOPLES
Standard, Version 1
Standard, Version 2
Bank-financed
projects
will
ensure that the development
process fosters full respect for
the
human
rights, dignity,
aspirations, identity, culture, and
natural resource-based livelihoods
of Indigenous Peoples. Adverse
impacts on Indigenous Peoples
will be avoided where possible.
Where all feasible alternatives
have been explored and adverse
impacts are unavoidable, the
Borrower will minimize and/or
compensate for these impacts in a
culturally appropriate manner
commensurate with the nature and
scale of such impacts and the
form and degree of vulnerability
of the affected Indigenous
Peoples.
Bank-financed projects will take
all necessary measures to ensure
that bank-financed activities
respect the human rights,
dignity, identity, and culture of
Indigenous
Peoples.
This
includes indigenous peoples'
right to freely pursue their
economic, social and cultural
development;
to
develop
priorities and strategies for the
development or use of their
lands or territories and other
resources;
right
to
selfgovernance and autonomy in
internal and local affairs; the
right to maintain and strengthen
their distinct political, legal,
economic, social, and cultural
institutions; and the right to
administer
their
own
development; and fair and
equitable benefit-sharing.
SUB-ISSUE: SELF-DETERMINATION & RIGHT TO DEVELOPMENT
Reference Note and Materials
explaining content of standard/right
Indigenous peoples: For purposes of this Standard,
“indigenous peoples” refers to distinct collectives,
regardless of the local, national, and regional terms
applied to them, who satisfy any of the more commonly
accepted definitions of indigenous peoples. These
include among other factors, consideration of whether
the collective: has pursued its own concept and way of
human development in a given socio-economic,
political, and historical context; has tried to maintain its
distinct group identity, languages, traditional beliefs,
customs, laws and institutions, worldviews and ways of
life; has exercised control and management of the lands,
natural resources, and territories that it has historically
used and occupied, with which it has a special
connection, and upon which its physical and cultural
survival as indigenous peoples typically depends; selfidentifies as indigenous peoples; and whether its
existence pre-dates those that colonized the lands within
which it was originally found or of which it was then
dispossessed. When considering the factors above, no
single one shall be dispositive. This standard applies
regardless of whether the indigenous peoples are
recognized as such by the national government.
Self-determination: Self-determination is a right of
indigenous peoples as peoples. It involves indigenous
peoples’ self-government over their internal affairs and
the ability to maintain and develop distinct economic,
social and cultural institutions without external
interference. It also includes indigenous peoples’ right
to not be deprived of their means of subsistence,
including control over their lands and resources, and the
right to determine their own development strategies and
priorities.



BHRC Draft - Sept 2015
ILO, UNDP Resource Kit on Indigenous Peoples
UNHRBA Portal – Indigenous Peoples
UN Special rapporteur on the rights of indigenous
Source of Law or Practice
from which standard is derived



UN Declaration on the Rights of Indigenous
Peoples
ILO Convention 169
UNDP Social and Environmental Standards
Standard 6
Risk and Opportunities Analysis Tool - Issue Area: Indigenous Peoples / 2



Risk Indicator Questions
peoples
Indigenous & Tribal Peoples Rights in Practice: A
Guide to ILO Convention No. 169
UN Global Compact, Business Reference Guide for
UNDRIP
UN Expert Report on Indigenous Peoples’ Right to
Participate in Decision Making
Impact Assessment Indicator Questions
Data Sources to Answer Indicator Questions
How will this risk impact the project/program? How can
the project/program contribute to this need?
UN Special Rapporteur on Indigenous Peoples,
UN Permanent Forum, ILO, indigenous
organizations, NGO reports
1.2 Does the government recognize indigenous peoples and their
rights, consistent with the UN Declaration on the rights of
indigenous peoples?
How will this risk impact the project/program? How can
the project/program contribute to this need?
National legislation, UN Special Rapporteur on
Indigenous Peoples, UN Permanent Forum, ILO,
indigenous organizations, NGO reports
1.3 What are the major development challenges faced by indigenous
peoples in the project/program area?
How will this risk impact the project/program? How can
the project/program contribute to this need?
National legislation, UN Special Rapporteur on
Indigenous Peoples, UN Permanent Forum, ILO,
indigenous organizations, NGO reports, UNDP
1.4 Does the national government negotiate with indigenous peoples
in matters where both the government and local chiefs share
jurisdiction?
How will this risk impact the project/program? How can
the project/program contribute to this need?
UN Special Rapporteur on Indigenous Peoples,
UN Permanent Forum, ILO, indigenous
organizations, NGO reports, UNDP
1.5 Do indigenous peoples have the resources, and technical capacity
to effectively participate in development processes?
How will this risk impact the project/program? How can
the project/program contribute to this need?
UN Special Rapporteur on Indigenous Peoples,
UN Permanent Forum, ILO, indigenous
organizations, NGO reports, UNDP
2.
Project/Program Direct Risks.
Trigger: Could the project/program affect the human rights,
lands, natural resources, territories, or traditional livelihoods of
indigenous or tribal peoples? If Yes, …
For each question, answer: What impacts will be felt
by different groups? How will adverse impacts be
prevented or mitigated? How will opportunities for
benefits be realized?
Project documents
2.1 Could the project/program impact the human rights, lands, natural
resources, territories, or traditional livelihoods of indigenous or
tribal peoples?
How will the project/program impact the human rights,
lands, natural resources, territories, or traditional
livelihoods of indigenous or tribal peoples?
Project documents
2.2 Could the project/program face challenges in ensuring the full
and effective participation of the affected indigenous peoples in
the design, implementation and ongoing monitoring of the
What challenges could the project/program face in
ensuring the full and effective participation of the
affected indigenous peoples in the design,
Project documents
1.
Project/Program Area and Contextual Risks.
Trigger: All projects/programs to answer these questions.
1.1 Are there indigenous or tribal peoples located in, or with a
collective attachment to, the project/program area, including
nomadic or pastoralist groups?
BHRC Draft - Sept 2015
Risk and Opportunities Analysis Tool - Issue Area: Indigenous Peoples / 3
project/program?
implementation and
project/program?
ongoing
monitoring
of
the
2.3 Could the project/program face challenges in identifying a clear
governance structure and decision-making process of the affected
indigenous peoples or ascertaining their free, prior and informed
consent?
What challenges could the project/program face in
identifying a clear governance structure and decisionmaking process of the affected indigenous peoples or
ascertaining their free, prior and informed consent?
Project documents
2.4 Could the project/program impact equity between indigenous and
non-indigenous sectors of society?
How will the project/program impact equity between
indigenous and non-indigenous sectors of society?
Project documents
2.5 Could the project/program impact he exercise of indigenous
peoples’ rights to self-determined development or cultural
integrity?
How will the project/program impact he exercise of
indigenous peoples’ rights to self-determined
development or cultural integrity?
Project documents
2.1 Does the implementing entity have the demonstrated capacity to
implement projects/programs in compliance with this standard?
Are there opportunities to build capacity in this area?
Does the implementing entity have the demonstrated
capacity to implement projects/programs in compliance
with this standard? How will the project/program
address capacity needs and make use of capacity
building opportunities?
Project documents and National entities, NGO
reports
3.
Project/Program Indirect Risks.
Trigger: All projects/programs to answer these questions. If Yes, proceed to Direct Risk questions.
3.1 Could the project/program face challenges in identifying whether
indigenous peoples are present in, utilize, or have rights to the
lands or resources within the project/program area?
3.2 Does the project/program involve land administration,
conservation, natural resource development, or otherwise might it
affect the natural resources on which indigenous peoples depend?
3.3 Does the project/program involve technical assistance or policy
reform that may impact the rights or entitlements of indigenous
peoples under national law?
BHRC Draft - Sept 2015
Project documents
Project documents
Risk and Opportunities Analysis Tool - Issue Area: Indigenous Peoples / 4
ISSUE: INDIGENOUS PEOPLES SUB-ISSUE: VOLUNTARY ISOLATION
Standard, Version 1
Standard, Version 2
Bank and Borrower will take all
necessary measures to ensure that
the rights of peoples in voluntary
isolation are protected within
Bank-financed
projects
and
programs. Projects and programs
that may have potential impacts
on peoples in voluntary isolation
require appropriate measures to
recognize, respect and protect
their land and territories,
environment, health and culture,
as well as measures to avoid all
undesired contact with them as
a consequence of the project or
program.
Bank and borrower will take all
necessary measures to ensure that
projects and programs respect
and protect the rights of these
peoples to remain in isolation and
to live freely in that condition
according to their culture.
Measures include safeguarding
such peoples’ physical, territorial
and
cultural
integrity;
recognizing, respecting, and
protecting their lands, territories,
environment, health and culture;
prohibiting
and
preventing
contact with them.
Risk Indicator Questions
Reference Note and Materials
explaining content of standard/right


Draft Guidelines on the Protection of
Indigenous Peoples in Voluntary Isolation and
in Initial Contact of the Amazon Basin and el
Chaco
OAS: Indigenous Peoples in Voluntary
Isolation and Initial Contact in South America
Source of Law or Practice
from which standard is derived


UN Declaration on the Rights of Indigenous
Peoples Art 33
UNDP Social and Environmental Standards
Standard 6
Impact Assessment Indicator Questions
Data Sources to Answer Indicator Questions
1.1 Are there documented uncontacted or voluntarily isolated
indigenous peoples in the country? Where?
How will this risk impact the project/program?
How can the project/program contribute to this
need?
National indigenous agency, UN Special
Rapporteur on Indigenous Peoples, UN Permanent
Forum, ILO, indigenous organizations, NGO
reports
1.2 Does national law recognize the rights of uncontacted or
voluntarily isolated indigenous peoples to remain in isolation and
to live freely in that condition according to their culture? Is there
documentation, buffer zones, or other protective measures in
place to ensure protection of the rights of such peoples?
2. Project/Program Direct Risks.
Trigger: Could the project/program directly or indirectly impact
uncontacted or voluntarily isolated indigenous peoples, their
lands, resources, territories, or ways of life? If Yes, …
How will this risk impact the project/program?
How can the project/program contribute to this
need?
National legislation, UN Special Rapporteur on
Indigenous Peoples, UN Permanent Forum, ILO,
indigenous organizations, NGO reports
For each question, answer: What impacts will be
felt by different groups? How will adverse impacts
be prevented or mitigated? How will opportunities
for benefits be realized?
Project documents
1.
Project/Program Area and Contextual Risks.
Trigger: All projects/programs to answer these questions.
BHRC Draft - Sept 2015
Risk and Opportunities Analysis Tool - Issue Area: Indigenous Peoples / 5
2.1 Could the project/program directly or indirectly impact
uncontacted or voluntarily isolated indigenous peoples, their
lands, resources, territories, or ways of life? Has the
project/program area and environs been surveyed to determine
whether there is a presence of indigenous peoples in voluntary
isolation? What were the results?
How could the project/program directly or
indirectly impact uncontacted or voluntarily
isolated indigenous peoples, their lands, resources,
territories, or ways of life? Has the
project/program area and environs been surveyed
to determine whether there is a presence of
indigenous peoples in voluntary isolation? What
were the results?
Project documents
2.2 Does the implementing entity have the demonstrated capacity to
implement projects/programs in compliance with this standard?
Are there opportunities to build capacity in this area?
Does the implementing entity have the
demonstrated
capacity
to
implement
projects/programs in compliance with this
standard? How will the project/program address
capacity needs and make use of capacity building
opportunities?
Project documents and National entities, NGO
reports
3.
Project/Program Indirect Risks.
Trigger: All projects/programs to answer these questions. If Yes, proceed to Direct Risk questions.
3.1 Could the project/program drive development or human activity
into the areas inhabited by uncontacted or voluntarily isolated
indigenous peoples?
BHRC Draft - Sept 2015
Risk and Opportunities Analysis Tool - Issue Area: Indigenous Peoples / 6
ISSUE: INDIGENOUS PEOPLES SUB-ISSUE: LANDS, TERRITORIES, RESOURCES
Standard, Version 1
Bank and Borrower shall take all
necessary measures to ensure that
indigenous peoples' rights to their
lands, territories and resources are
respected and protected within the
project or program. This includes
those territories or resources
possessed by reason of traditional
ownership or other traditional
occupation or use, as well as those
which they have otherwise
acquired, though they may not
hold formal title. Project and
program activities that may
adversely affect the existence,
value, use or enjoyment of
indigenous lands, resources or
territories shall not be conducted
unless agreement has been
achieved through the FPIC
process
Standard, Version 2
Reference Note and Materials
explaining content of standard/right
Bank and Borrower shall take all Indigenous peoples’ lands, territories and
necessary measures to ensure resources: Indigenous peoples have the right to
respect for indigenous peoples’ the lands, territories and resources that they have
permanent sovereignty over their traditionally owned, occupied or otherwise used or
natural resources and their acquired. Indigenous peoples have the right to
collective ownership rights over own, use, develop and control the lands, territories
the lands under their possession, and resources that they possess by reason of
including those owned by reason traditional ownership or other traditional
of traditional ownership or occupation or use, as well as those which they
acquired by other means, within have otherwise acquired.
the project/program. Project and Permanent sovereignty over natural resources:
program activities that may Legal, governmental control and management
adversely affect the existence, authority over natural resources, particularly as an
value, use or enjoyment of aspect of the right to self-determination.
indigenous lands, resources, or
territories shall not be conducted  ILO, UNDP Resource Kit on Indigenous
Peoples
unless agreement has been

UNHRBA Portal – Indigenous Peoples
achieved through the FPIC
process.
Risk Indicator Questions
Project/Program Area and Contextual Risks.
Trigger: All projects/programs to answer these questions.
1.1 Are indigenous peoples’ collective rights over their lands and
resources respected and protected by law and in practice in the
project/program area? Are indigenous peoples’ lands and
territories surveyed and demarcated?
1.2 Do indigenous peoples have title to their lands in the
project/program area? Does the government protect and enforce
indigenous peoples' land rights, including through removal of
non-indigenous trespassers?
1.3 Are there existing unresolved land claims in the project/program
area?
Source of Law or Practice
from which standard is derived




UN Declaration on the Rights of Indigenous
Peoples Arts 26-30, 32
ILO Convention 169
UNDP Social and Environmental Standards
Standard 6
Prevention of Discrimination and Protection
of Indigenous Peoples: Indigenous Peoples’
Permanent Sovereignty Over Natural
Resources
Impact Assessment Indicator Questions
Data Sources to Answer Indicator Questions
How will this risk impact the project/program?
How can the project/program contribute to this
need?
National legislation, ILO, UN Special Rapporteur
on Indigenous Peoples, Indigenous organizations,
national indigenous agency
How will this risk impact the project/program?
How can the project/program contribute to this
need?
National legislation, ILO, UN Special Rapporteur
on Indigenous Peoples, Indigenous organizations,
national indigenous agency
How will this risk impact the project/program?
How can the project/program contribute to this
National legislation, ILO, UN Special Rapporteur
on Indigenous Peoples, Indigenous organizations,
1.
BHRC Draft - Sept 2015
Risk and Opportunities Analysis Tool - Issue Area: Indigenous Peoples / 7
2.
Project/Program Direct Risks.
Trigger: Could the project/program affect indigenous peoples’
lands, natural resources, or territories, or their rights to use,
develop or control them? If Yes, …
2.1 Could the project/program affect indigenous peoples’ lands,
territories, or resources, including those they have traditionally
owned, occupied or otherwise used or acquired, for which they
may not yet possess title?
2.2 Could the project/program impact indigenous peoples’ rights to
use, develop or control their lands or resources?
2.3 Could the project/program affect indigenous peoples’ enjoyment
or use of their lands or resources, for instance through resource
use restrictions or environmental contamination?
need?
national indigenous agency
For each question, answer: What impacts will be
felt by different groups? How will adverse
impacts be prevented or mitigated? How will
opportunities for benefits be realized?
Project documents
How will the project/program affect indigenous
peoples’ lands, natural resources, or territories, or
their rights to use, develop or control them?
Project documents
How will the project/program impact indigenous
peoples’ rights to use, develop or control their
lands or resources?
How will the project/program affect indigenous
peoples’ enjoyment or use of their lands or
resources, for instance through resource use
restrictions or environmental contamination?
2.4 Could the project/program face challenges in identifying the
nature or boundaries of indigenous peoples’ land or resource
rights in the project/program area?
What challenges could the project/program face
in identifying the nature or boundaries of
indigenous peoples’ land or resource rights in the
project/program area?
2.5 Could the project/program face challenges in ensuring
recognition of indigenous peoples’ collective rights to own, use,
and develop and control the lands, resources and territories that
they have traditionally owned, occupied or otherwise used or
acquired, including lands and territories for which they do not yet
possess title?
What challenges could the project/program face in
ensuring recognition of indigenous peoples’
collective rights to own, use, and develop and
control the lands, resources and territories that
they have traditionally owned, occupied or
otherwise used or acquired, including lands and
territories for which they do not yet possess title?
Project documents
2.3 Does the implementing entity have the demonstrated capacity to
implement projects/programs in compliance with this standard?
Are there opportunities to build capacity in this area?
Does the implementing entity have the
demonstrated
capacity
to
implement
projects/programs in compliance with this
standard? How will the project/program address
capacity needs and make use of capacity building
opportunities?
Project documents and National entities, NGO
reports
3.
Project/Program Indirect Risks.
Trigger: All projects/programs to answer these questions. If Yes, proceed to Direct Risk questions.
3.1 Could the project/program face challenges in identifying whether
BHRC Draft - Sept 2015
Risk and Opportunities Analysis Tool - Issue Area: Indigenous Peoples / 8
indigenous peoples are present in, utilize, or have rights to the
lands or resources within the project/program area?
3.2 Could the project/program otherwise impact indigenous peoples’
lands, territories or natural resources through driving
development, environmental impacts, or changing land-use
patterns?
3.3 Could the project/program impact the budget or capacity of the
government to implement programs related to environmental
protection or land administration which may impact indigenous
peoples’ lands, territories, or resources?
BHRC Draft - Sept 2015
Risk and Opportunities Analysis Tool - Issue Area: Indigenous Peoples / 9
ISSUE: INDIGENOUS PEOPLES SUB-ISSUE: CULTURAL RIGHTS OF INDIGENOUS PEOPLES
Standard, Version 1
Standard, Version 2
Bank and Borrower will take all
necessary measures to ensure that
indigenous
peoples
are
safeguarded
against
forced
assimilation or negative impacts
on their culture and that
indigenous peoples' cultural rights
are protected within the project or
program.
The Bank and Borrower will
ensure that indigenous peoples’
cultural, intellectual, religious,
and
spiritual
property
is
respected,
protected,
and
conserved within bank-financed
activities. No such property shall
be taken, used, or appropriated
without the free, prior, and
informed consent of such
peoples.
Reference Note and Materials
explaining content of standard/right
Indigenous peoples’ cultural rights: These
rights include indigenous peoples' right to
manifest, practise, develop and teach their spiritual
and religious traditions, customs and ceremonies;
to establish and control their own education
institutions and systems; to maintain, protect, and
have access in privacy to their religious and
cultural sites; and to the use and control of their
ceremonial objects.



Risk Indicator Questions
ILO, UNDP Resource Kit on Indigenous
Peoples
UNHRBA Portal – Indigenous Peoples
UN Expert Mechanism, Study on the
Promotion and Protection of the Rights of
Indigenous Peoples with Respect to their
Cultural Heritage




Source of Law or Practice
from which standard is derived
UN Declaration on the Rights of
Indigenous Peoples Arts 7, 15
Convention Concerning the Protection of
the World Cultural and Natural Heritage
Convention on the means of prohibiting and
preventing the illicit import, export, and
transfer of ownership of cultural property:
adopted at its sixteenth session
Cultural heritage conventions and other
instruments:
a
compendium
with
commentaries
Impact Assessment Indicator Questions
Data Sources to Answer Indicator Questions
How will this risk impact the project/program?
How can the project/program contribute to this
need?
National legislation, ILO, UN Special
Rapporteur on Indigenous Peoples, Indigenous
organizations
1.2 What challenges do indigenous peoples face in exercising their
cultural rights in the project/program area? Is there
documentation of violation of indigenous peoples’ cultural rights
in the project/program area?
2. Project/Program Direct Risks.
Trigger: Could the project/program utilize or affect indigenous
peoples' traditional knowledge, cultural resources or practices? If
Yes, …
How will this risk impact the project/program?
How can the project/program contribute to this
need?
ILO, UN Special Rapporteur on Indigenous
Peoples, Indigenous organizations
For each question, answer: What impacts will be
felt by different groups? How will adverse impacts
be prevented or mitigated? How will opportunities
for benefits be realized?
Project documents
2.1 Could the project/program impact resources or sites sacred or
culturally important to indigenous peoples?
How will the project/program impact resources or
sites sacred or culturally important to indigenous
peoples?
Project documents
1.
Project/Program Area and Contextual Risks.
Trigger: All projects/programs to answer these questions.
1.1 Does national legislation respect indigenous peoples’ traditional
knowledge, sacred sites and cultural practices?
BHRC Draft - Sept 2015
Risk and Opportunities Analysis Tool - Issue Area: Indigenous Peoples / 10
2.2 Could the project/program utilize or impact indigenous peoples'
traditional knowledge?
How will the project/program utilize or impact
indigenous peoples' traditional knowledge?
Project documents
2.3 Could the project/program impact indigenous peoples’ education,
language, healthcare or media?
How will the project/program impact indigenous
peoples’ education, language, healthcare or media?
Project documents
Does the implementing entity have the
demonstrated
capacity
to
implement
projects/programs in compliance with this
standard? How will the project/program address
capacity needs and make use of capacity building
opportunities?
Project documents and National entities, NGO
reports
2.4 Does the implementing entity have the demonstrated capacity to
implement projects/programs in compliance with this standard?
Are there opportunities to build capacity in this area?
3.
Project/Program Indirect Risks.
Trigger: All projects/programs to answer these questions. If Yes, proceed to Direct Risk questions.
3.1 Could the project/program involve education, health services, or
media for a general population including indigenous peoples?
BHRC Draft - Sept 2015